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David Garner’s Answers

730 total


  • Can my speeding citation be thrown out due to innacuracy on the ticket?

    I just got a speeding ticket yesterday (70 in a 55 in Ohio) and the officer that filled out my ticket marked "yes" that he did see proof of financial responsibility (insurance). The officer never asked for and certainly did not ever see my insu...

    David’s Answer

    It is not enough to get the ticket dismissed, but it is something you can use in arguing his powers of observation and recollection were faulty that day.

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  • Am I entitled to this commission payment?

    I'm in technology sales with a 50/50 comp plan. My last day of employment was 5/29/09. A deal I have been working on (1.3mil) for 8 months closed on 6/19/09. Upon termination, I asked to be paid if this deal closes by end of June and it was agr...

    David’s Answer

    If it was sent to you via email, it was in writing. You did not indicate if you have a copy of that email. If you do, print it out. If not, it is discoverable.

    It would be helpful to know how much is at stake here (and some more facts in general), but I think you have a strong basis for recovery based on contract, especially if you can show reliance on the agreement. Also, you did not discuss the circumstances of your departure, but under a quasi contract theory of unjust enrichment you probably have a cause of action in restitution. They can't work you up to closing and then fire you before the commission is to be paid.

    I would suggest you talk with an attorney locally who is well versed in labor law (I'm not) as there may be additional protections afforded you by the labor code.

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  • Am I responsible to damage found on a rental car 24 hours after it was inspected by the company and deemed to be damage free?

    I rented a car from a US-based (San Francisco) company and returned it with no damage as verified by the receiving agent, who charged me the agreed upon rental rate. Our business was then complete–or so I thought. . . Twenty-four hours later, I...

    David’s Answer

    You didn't include the most important fact - do you have a receipt that shows that when you turned the car in it had no damage. If you do, you are golden. If not, you are probably still golden.

    It was their responsibility to "catch" any damage the wished to claim at the time of turn in just as it would be your responsibility to catch any at pickup that you wanted to disclaim.

    Make no more statements to them. It is unlikely that this will go much further.

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  • What is the hourly rate for a lawyer and paralegal?

    I had a lady hit my car and refuse to cover the insurance deductible, and I am now in the process of filling out paperwork for small claims. I am unsure on how much to charge for every hour that I have spent talking to the insurance and other thin...

    David’s Answer

    Unfortunately, unless the laws of MN differ from most other jurisdictions, you cannot get paid for the time you spend perparing your case.

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  • Guidelines to breaking a contract.

    what steps should be taken first before breaking a contract

    David’s Answer

    You didn't offer really any facts to go on here. Generally the breaching party is liable for the costs of the breach, or whatever was incorporated into the contract. It's really impossible to answer based on what you wrote.

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  • Vehicle Personal Injury Question

    I was sandwiched between two vehicles then the car behind me slammed into my vehicle. I suffered from whiplash and a shoulder injury. It's been 18 months and finally the driver's insurance has come back with what they are willing to pay for my d...

    David’s Answer

    The normal amount depends on your injuries. You do not have to accept their offer. You can rest assured it is lower that what you would otherwise get.

    Hire an attorney. Most will take a case like this on a contingent fee basis and see to it you are appropriately compensated.

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  • My garbage company never billed me for 2 yrs. am I responsible?

    for 2 years never billed for garbage, now they want 2 years worh of service do I have to pay all that

    David’s Answer

    Yes. For two years they were picking up your garbage. It was your responsibility to pay if you were using their service.

    Check with your public utilites/service department to see if there are rules that limit back billing for services like this. Otherwise, you have to pay.

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  • Can I be sued by a former employer for an outstanding debt owed to him by my ex-boyfriend because he is not able to contact him?

    My former boss lent my boyfriend at the time $4,000 and has not been paid back. Neither one of us can locate the ex. Now I am being served small claims court papers and named as the defendant. Can I be held responsible for my ex-boyfriend's debt?

    David’s Answer

    Not likely. You did not offer a lot of facts, but based on what you wrote there is no way you can be held liable for this debt.

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  • Slip and fall

    Hi my question is my fiance was 7 months pregnat when this accured.We were at walmart she slip and fell there was no warning sigh of any kind .my son now is 2 1/2 and is having problems with speach and is behind on learning we just want to know if...

    David’s Answer

    Pursue what? Walmart is not automatically liable because she fell. You would have to prove that they were negligent in some way. The fact that you say there was no warning sign of any kind suggests that it would be difficult to prove they were. You would have to show that a dangerous (presumably floor) condition existed and existed long enough that they should reasonably have discovered it and taken action, that they didn't, and because the did not, they were negligent.

    Secondly, you did not indicate, but it sounds like she was uninjured at the time, did not see a doctor (at least you did not indicate so) and did not report it to the store at the time (did she?). Under those circumstances, and frankly in any case, it would probably be an uphill battle to prove that your son's speech and learning disabilties were caused by this fall.

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  • My daughter got caught shoplifting (she is 18) how should she plead.

    my daughter got caught shoplifting (she is 18) how should she plead.

    David’s Answer

    Never ever plead guilty. Make them prove their case.

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