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Chip R
03-16-2006, 09:22 AM
http://tinyurl.com/ru7bd

Man Hits His Own Car Then Sues Himself

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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Information from: Lodi News-Sentinel, http://www.lodinews.com (http://us.rd.yahoo.com/dailynews/ap/ap_on_fe_st/storytext/suing_self/18408353/SIG=10pavn84u/*http://www.lodinews.com)

Joseph
03-16-2006, 10:18 AM
Brilliant!

Or idiotic, take your pick.

max venable
03-16-2006, 10:29 AM
Not surpising at all. I can almost see the guy's point. I wouldn't do it, after all, it was his fault, but I can see people doing that.

Problem is, IMO, there is a huge conflict of interests there. Opens a big can of worms. I mean, you could have all kinds of people doing stuff like this on purpose if they knew they could get $$$ out of it.

Can see it working but stranger things have happened.

KronoRed
03-16-2006, 01:07 PM
Do they have a lawyer?

and if so..what is wrong with said lawyers brain?

dman
03-16-2006, 01:14 PM
That's about the only instance in California when a person can't get sued.

savafan
03-16-2006, 01:16 PM
Do they have a lawyer?

and if so..what is wrong with said lawyers brain?

Most lawyers only see $$$$. Not all, I do know a few trustworthy lawyers, but I know even more ambulance chasers.

The rub is this, any judge worth his salt isn't going to want to set this kind of precedent. At least I pray that he/she won't.

oneupper
03-18-2006, 02:24 PM
This lawsuit isn't about the money or the plaintiffs. It's about the Lawyer.
He's getting publicity for his practice.
Like putting up a sign "I'll sue anyone for anything. Even help you sue yourself!".

It's California so it will probably be effective.

RedsBaron
03-19-2006, 07:56 AM
The one virtue in suing yourself is that you are guaranteed to "win", no matter what the outcome at trial.

MrCinatit
03-19-2006, 10:20 AM
remember, this is the same legal system which allowed CCR (formerly lead by John Fogerty) to sue John Fogerty.