Man runs into his own car, and sues the city

DougMD · 03-16-2006, 11:21 AM

Man Hits His Own Car Then Sues Himself
Mar 16 7:17 AM US/Eastern

LODI, Calif.

When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages. Only thing is, he was the one driving the dump truck. But that minor detail didn't stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident, even after admitting the crash was his fault.
After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.
City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can't sue her own husband.
"You can sue your spouse for divorce, but you can't sue your spouse for negligence," Schwabauer said. "They're a married couple under California law. They're one entity. It's damage to community property."
But Rhonda Gokey insisted she has "the right to sue the city because a city's vehicle damaged my private vehicle."
In fact, her claim, currently pending at Lodi City Hall, is for an even larger amount _ $4,800.
"I'm not as nice as my husband is," she said.
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I have a solution for those who file such BS lawsuits. The case gets dismissed, and the FILER has to pay $100,000 for tying up the courts in frivolous lawsuits. The fine should be amortized over 10 or 15 years, and automatically taken from their paycheck. If they can't afford it, personal items of theirs will be sold to pay it, with any remaining balance assessed against any future earnings or life insurance!

buck knife · 03-16-2006, 11:30 AM

I don't have a problem with that lawsuit (unless he ran into it on purpose). If it would have been a co-workers car the City would have paid for the damages. If he would have ran his car into the dump truck the City would have made him pay for damages. He is also not trying to get rich only asking for $3600, just trying to get his car fixed. The City should have paid him and it would be done.

The Mind · 03-16-2006, 11:47 AM

If it were another city employee driving the vehicle suing ........ would they pay ?

Quote:

I have a solution for those who file such BS lawsuits. The case gets dismissed, and the FILER has to pay $100,000 for tying up the courts in frivolous lawsuits. The fine should be amortized over 10 or 15 years, and automatically taken from their paycheck. If they can't afford it, personal items of theirs will be sold to pay it, with any remaining balance assessed against any future earnings or life insurance!

Thing about that is that Liberal Democrats won't allow that. They can't stand the thought of personal responsibility in life, and making people THINK before they sue ? Why, thats not being a good Democrat, is it ?

hillbillyhunter1 · 03-16-2006, 12:01 PM

Quote:

ORIGINAL: The Mind

If it were another city employee driving the vehicle suing ........ would they pay ?

I would assume so.Sounds like it was an accident and by that I mean itdoesn't sound like this guy is out to"get one over" on the city. They should pay and then he should be reprimanded by the city for unsafe driving. Doesn't even seem neccesary that this thing should have gone all the way to court. Seems reasonable for the city to take care of any liabilities that they and their employees are ultimately responsible for.

DougMD · 03-16-2006, 12:43 PM

Seems to me the insurance on the city vehicle would pay for his car. Doesn't this go beyond that?

hillbillyhunter1 · 03-16-2006, 01:06 PM

Doug, I think the city's insurance would probably pay as well, but it seemed to me like they (city) must not have wanted to put in a claim.

It doesn't seem like this went beyond that to me, except. of course, that the city's insurance must not have paid. ?????????????

buck knife · 03-16-2006, 01:33 PM

The city I work for has something like a $50,000 deductable.not too sure, but I know it is high. I also believe that they can group claims together at one time so that all minor accidents/clains go in as one claim at the end of the year and they get money back from the insurance comany, minus the $50,000 deductable.

Tazman · 03-17-2006, 10:47 AM

IMO morally this guy is the scum of the earth!!!

Legally I am not sure if the city or the city's insurance would be liable for an employee hitting his own vehicle with a city vehicle.

In my book he doesn't deserve a dime.

hillbillyhunter1 · 03-17-2006, 10:56 AM

I just don't see that Taz.

Now, if he had staged an accident where he hit the car with his wife inside and now she is sueing for a milliion for whiplash or something, that would be more suspicious. But if he accidentally backed into his own carwith a city vehicle, then it seems the city's liability insurance should cover this. How is he scum? I mean we're talking $3000.00 here, which seems reasonable to me

kevin1 · 03-17-2006, 11:33 AM

If he was driving the dump truck and backed into his own car then the only one at fault should be him for being that stupid . The city shouldn't have to pay him anything .