ChitownKev asked us a question on Monday: “Have you ever served on a Jury?” My answer was no. I weaseled out of several jury duty summons from the city, due to my self-employment status and those obligations. I was unable to avoid the calls I received from the county superior court, but I was not selected either of those times. So out of the 4 or 5 times I’ve been called, I’ve yet to serve in that roll (knock on wood).
But the question brought another courtroom experience to mind…being in the witness stand…
My sister-in-law and her husband (BIL) wanted to move out into the country. They had a place in town, about an acre. Although the area is close to the center of city, most of the surrounding lots were huge...and the developers were coming.
SIL and BIL wished to live a more rural life. Being as self-sustaining as possible was a goal for them both, but particularly for BIL, who has “prepper” tendencies. (BIL is also a real right-winger, and is actually Ex-BIL now, another story.) They purchased about 10 acres out in the country and were planning to build and move there.
They decided on an underground house. It was to be buried in a slope, covered on all sides, except for the front. There was a company in Ohio that specialized in building modular homes for this concept, and the in-laws had one made, to be shipped across the country from the Midwest to their new home site on one semi trailer. That is the point at which trouble arose.
The manufacturer gave them the shipping price, but BIL thought he could do it for a lot less, and he did find a small trucking firm that would bring the pieces out west for half the price. It was looking good…except there was an accident at a truck stop, and the load was damaged. Not seriously, but to an extent that they were concerned about continuing their underground installation for fear of leakage.
Had BIL availed himself of the shipping services of the manufacturer, the construction pieces would have been insured. Now that the house was on the coast, the only thing to be done was to have everything checked, repaired or replaced by company employees. This would be a considerable additional expense.
BIL decided to sue the trucking outfit he had engaged for these new, additional costs. The two parties were unable to come to a settlement; the trucking firm was very small. So the dispute went to trial. We felt really bad for BIL, but he’s the kind of guy that has to get everything he feels he’s owed in life. He doesn’t like to say he’s sorry, and is not one to back down.
(I’d have handled the situation much differently, even if I had to have spent additional money, and maybe swallowed some pride. I’d have been snug in my underground house...pretty sure.)
~~~~~
The trucking firm was an hour north for me. I also have a darkroom. So BIL asked me to go up and photograph the damage and make 8 x 10 black and white prints to be placed into evidence against the trucker (cue Alice’s Restaurant).
My wife and I drove up and out into the countryside to meet with the truck company owner and do the photography. I was a little nervous about meeting with the guy, but he was a decent guy. Both my wife and I thought the damage rather minimal, compared to what we were led to expect. But nevertheless, we took the photos in such a manner to put the best light on BIL’s case. I sent contact prints for BIL to review and select, then I sent him the finished prints. I thought that would conclude my contribution.
BIL’s lawyer wanted me to testify in person as to the state of the damage displayed by the pictures. I really didn’t want to do that, I was extremely busy at work. They told me that it would only take a day, so I agreed to do testify. But it was clear late in the afternoon that my time in the witness chair was not coming soon. I just couldn’t afford to waste another day, so I asked that my testimony be given out of order.
I took the stand to answer two questions: Did I take the photos, and were they reflective of the damage? I said “yes” twice, and I was done. I never did understand why this couldn’t have been done with an affidavit.
By the trial, it had been at least nine months after the dispute started. The module panels had been sitting out in the elements for all that time. The conclusion of the issue was still to come. In the end, BIL won his case, but the small trucking firm went into bankruptcy. Those panels are still sitting out in a field to this day for all I know.
There’s a moral in all of this somewhere…and like I said above, I’d have handled the thing differently. Maybe like springing for the extra shipping.
Have you ever testified at a trial?
What do you want to talk about today?
RSVPS
1. Chrislove, organizer (kosmail him to connect)
2. tiredntexas
3. JJR1971
4. scott5js
5. cosette
6.
MAYBEES :
Mr. cosette
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