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Thomas William Gooch III
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Thomas Gooch’s Answers

103 total


  • Am I able to draft a motion for summary judgment?

    If I filed a civil suit for damages and the party has not replied within 30 days (and has been served) can I now file a motion for summary judgment against that person and must it be accompanied by a memo in support of it?

    Thomas’s Answer

    • Selected as best answer

    All you need is a one paragraph motion for default judgement accompanied by your testimony as to causation and damages, simple and short proceeding generally

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  • What is the risk of not signing a severance agreement, and having the company sue me when another divulges unethical behavior.

    I have been provided a severance agreement which I do not want to sign because it stipulates that the company was not unethical or unsafe. I do not want to sign this because I believe it to be untrue. I am concerned that if I do not sign it anot...

    Thomas’s Answer

    So dont sign it, why sign it? Or line out the objectionable part. Id consult with an employment attorney were I you and do directly, not on this blog

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  • Is A Defendant Permitted To "Discover" A Plaintiff's Entire Litigation History?

    If a Defendant issues Plaintiff an interrogatory requesting the case numbers and states of all prior personal injury litigations the Plaintiff has been in, can the Plaintiff object if there is no relevancy between the prior litigations and the imm...

    Thomas’s Answer

    Oh I think its very relevant not only for prior accident history but to determine INDEPENDENTLY if the prior medical issues constitute pre existing conditions. Follow your Attorneys advice on this

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  • In Federal Court, Can A Treating Physician Be Called To Testify As a Non-Expert Regarding Medical Records?

    In Federal Court (Illinois), can a Plaintiff call each of his treating physicians in a personal injury case to testify as to the statements/details made on their respective medical records, without declaring those treating physicians as experts? ...

    Thomas’s Answer

    This really is not the source for answers to highly technical questions. Generally speaking if they are testifying to patient statements they do so as an expert

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  • 1. What are the legal rights available to a lawful immigrant that has been harmed ?

    My attorney despite me giving clearing instructions did not take my instructions and has realized my I-485 application getting denied and me not obtaining my Green Card. I believe the law clearly states the beneficiary ...

    Thomas’s Answer

    There are alot of reasons whg there could be a denial. You probably need to consult in person with first an immigration lawyer and secondly with a malpractice attorney

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  • Can you sue someone in Illinois for breach of contract if you have no monetary damages?

    Please cite local authority Thank you for your help

    Thomas’s Answer

    Not in Illinois. You need to prove first liability, then the wrongful acts were the proximate cause of damages and there were damages

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  • Hey I need advice don't have the money for a lawyer okay

    I overdraft my account its negative -557 I don't have no money to pay them bac and then on top of I tryed to deposit a empty envelope into the bank the bank says If I do not pay them -557 then they we'll file a police report for fraud what happen...

    Thomas’s Answer

    Well it was their money so I can see how they would be upset. If they can prove you over drew on purpose, as opposed to just being stupid, then I suspect your in trouble, I'd get a lawyer, a criminal defense lawyer were I you. I certainly would stop taunting them with empty envelopes, etc

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  • Can I sue my landlord (management company) for a $500 deductible for my stolen bicycle?

    The bike was locked, and stored inside a locked bike room within a "secure" garage. The door lock to the bike room was installed incorrectly, and allowed anyone to enter with a pen or screwdriver. It was a night - and the thief used a power grin...

    Thomas’s Answer

    I have to agree with everyone else. I believe that the main obstacle is the waiver which is standard in a lot of leases, just to prevent what you are trying to do. I think a lot of Bike magazines advertise low cost bike insurance with no deductibles. You might want to check

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  • How do we deal with a 10 year old judgement?

    A former employee who was fired claimed later to have been injured, which did not happen, she did not file worker's comp claim, but my husband was not served until he was found in default for non-appearance because her attorney sent all the papers...

    Thomas’s Answer

    Old judgements can be collected on until they expire. They also earn 9% interest every year until paid, you should consult with an attorney he or she may be able to negotiate a settlement. After 10 years you can not reopen the judgement

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