trouble said:
You really have to try to look like more of an ass than schmellba but by God, you nailed it.
I just like busting people's balls.
CHOCOLATE CHIP TRIP said:trouble said:
You really have to try to look like more of an ass than schmellba but by God, you nailed it.
I just like busting people's balls.
trouble said:CHOCOLATE CHIP TRIP said:trouble said:
You really have to try to look like more of an ass than schmellba but by God, you nailed it.
I just like busting people's balls.
It's not a good look.
CHOCOLATE CHIP TRIP said:schmellba99 said:Not being a lawyer, I don't know every damned code. Didn't realize this was going to turn into the standard "let's split hairs over something really kind of trivial" thread, but this is the OB and I should have known better.CHOCOLATE CHIP TRIP said:schmellba99 said:I'd throw it in on any lawsuit, especially if somebody has been notified of a danger previously and is willfully ignoring it.CHOCOLATE CHIP TRIP said:schmellba99 said:
Seems strange your lawyer woulnd't send them a letter explaining that they have been notified several times of the potential hazard of the tree and should it fall and damage your property, a lawsuit will be forthcoming to recover all expenses for damages plus lawyer's fees and also gently reminding them of the consequences of what might happen legally if there is an injury to a person or pet as a result of negligence on their part.
What would be your basis for claiming attorneys' fees?
If it gets tossed, it gets tossed. But seems that including fees for damages incurred is a standard procedure, especially if you incur any monetary losses that require a lawyer to settle up - otherwise you aren't made whole, which is the entire point of insurance/lawsuits to begin with.
I'm just asking what your basis would be. Is it something in Chapter 38 of the TCPRC, or something else?
Or are you saying you'd sign and file a pleading with the court that you know is partially frivolous?
If I'm damaged due to the actions of somebody else and it requires me to spend money - whether through a lawyer or other means - to recover my damages, I consider those expenses as part of my damages and will definitely include those costs in the invoice because not doing so means I'm not made whole. And I wouldn't consider such costs as frivolous.
I also know that if you don't ask for something, you'll never get it. Contract negotiation 101 stuff there, which I do on occasion through my career.
But hey, I'm sure you'll find some obscure thing to pick on in that statement as well. Have at it brosephus, go get your jollies off.
Oh, you're not a lawyer. Then I would recommend you not advise the OP on legal matters you know nothing about, like whether or not his attorneys' fees would be recoverable in litigation.
Well, mostly bird law.Belton Ag said:Quote:
Oh, you're not a lawyer. Then I would recommend you not advise the OP on legal matters you know nothing about, like whether or not his attorneys' fees would be recoverable in litigation.
ursusguy said:
I am an arborist and a former certified wildland sawyer, I would not want to touch that tree. If I owmed a tree service, I would charge out the nose for that one.
Keep it rolling....goatchze said:
Have Greg Abbott give them a call. There's a story he can tell.
CHOCOLATE CHIP TRIP said:schmellba99 said:Not being a lawyer, I don't know every damned code. Didn't realize this was going to turn into the standard "let's split hairs over something really kind of trivial" thread, but this is the OB and I should have known better.CHOCOLATE CHIP TRIP said:schmellba99 said:I'd throw it in on any lawsuit, especially if somebody has been notified of a danger previously and is willfully ignoring it.CHOCOLATE CHIP TRIP said:schmellba99 said:
Seems strange your lawyer woulnd't send them a letter explaining that they have been notified several times of the potential hazard of the tree and should it fall and damage your property, a lawsuit will be forthcoming to recover all expenses for damages plus lawyer's fees and also gently reminding them of the consequences of what might happen legally if there is an injury to a person or pet as a result of negligence on their part.
What would be your basis for claiming attorneys' fees?
If it gets tossed, it gets tossed. But seems that including fees for damages incurred is a standard procedure, especially if you incur any monetary losses that require a lawyer to settle up - otherwise you aren't made whole, which is the entire point of insurance/lawsuits to begin with.
I'm just asking what your basis would be. Is it something in Chapter 38 of the TCPRC, or something else?
Or are you saying you'd sign and file a pleading with the court that you know is partially frivolous?
If I'm damaged due to the actions of somebody else and it requires me to spend money - whether through a lawyer or other means - to recover my damages, I consider those expenses as part of my damages and will definitely include those costs in the invoice because not doing so means I'm not made whole. And I wouldn't consider such costs as frivolous.
I also know that if you don't ask for something, you'll never get it. Contract negotiation 101 stuff there, which I do on occasion through my career.
But hey, I'm sure you'll find some obscure thing to pick on in that statement as well. Have at it brosephus, go get your jollies off.
Oh, you're not a lawyer. Then I would recommend you not advise the OP on legal matters you know nothing about, like whether or not his attorneys' fees would be recoverable in litigation.
trouble said:
We're definitely stuck with him.
Especially knowing schmellba and hearing his voice while I read it.Yelnick McWawa said:Everyone not named "schmellba99" saw the setup a mile away.CHOCOLATE CHIP TRIP said:schmellba99 said:Not being a lawyer, I don't know every damned code. Didn't realize this was going to turn into the standard "let's split hairs over something really kind of trivial" thread, but this is the OB and I should have known better.CHOCOLATE CHIP TRIP said:schmellba99 said:I'd throw it in on any lawsuit, especially if somebody has been notified of a danger previously and is willfully ignoring it.CHOCOLATE CHIP TRIP said:schmellba99 said:
Seems strange your lawyer woulnd't send them a letter explaining that they have been notified several times of the potential hazard of the tree and should it fall and damage your property, a lawsuit will be forthcoming to recover all expenses for damages plus lawyer's fees and also gently reminding them of the consequences of what might happen legally if there is an injury to a person or pet as a result of negligence on their part.
What would be your basis for claiming attorneys' fees?
If it gets tossed, it gets tossed. But seems that including fees for damages incurred is a standard procedure, especially if you incur any monetary losses that require a lawyer to settle up - otherwise you aren't made whole, which is the entire point of insurance/lawsuits to begin with.
I'm just asking what your basis would be. Is it something in Chapter 38 of the TCPRC, or something else?
Or are you saying you'd sign and file a pleading with the court that you know is partially frivolous?
If I'm damaged due to the actions of somebody else and it requires me to spend money - whether through a lawyer or other means - to recover my damages, I consider those expenses as part of my damages and will definitely include those costs in the invoice because not doing so means I'm not made whole. And I wouldn't consider such costs as frivolous.
I also know that if you don't ask for something, you'll never get it. Contract negotiation 101 stuff there, which I do on occasion through my career.
But hey, I'm sure you'll find some obscure thing to pick on in that statement as well. Have at it brosephus, go get your jollies off.
Oh, you're not a lawyer. Then I would recommend you not advise the OP on legal matters you know nothing about, like whether or not his attorneys' fees would be recoverable in litigation.
Also, schmellba lecturing someone on arguing about obscure minutia is about as funny as it gets.
AggieChemist said:
Generally speaking, I resent anyone or anything that causes me to agree extensively with or feel empathy for schmellba99.
aggieforester05 said:
I've tried contacting Longview
GeorgiAg said:
I am a Georgia lawyer. A 5 second Westlaw search turned this up:
While "there is no duty to consistently and constantly check all pine trees for non-visible rot," as a reasonable landowner, the presence of blighted pine trees with "visible, apparent, and patent" decay among a stand of pine trees gives rise to a duty to inspect. Wade v. Howard, supra at 58, 499 S.E.2d 652; Willis v. Maloof, supra at 350, 361 S.E.2d 512; Cornett v. Agee, supra at 57, 237 S.E.2d 522. "[O]nly if [the landowner] knew or reasonably should have known the tree was diseased, decayed or otherwise constituted a dangerous condition," did the owner become liable. Wade v. Howard, supra at 58, 499 S.E.2d 652; Willis v. Maloof, supra at 350, 361 S.E.2d 512. Thus, the landowner has constructive notice of what a reasonable inspection would reveal as to individual trees within the blighted area. Therefore, a jury was free to conclude, as it did, that a reasonable inspection should reveal the rotten cavity in the tree that fell, which had been present for ten to fifteen years.
Wesleyan Coll. v. Weber, 238 Ga. App. 90, 94, 517 S.E.2d 813, 817 (1999).
I'm sure there is a similar law in Texas. If you were a Georgia client, I'd recommend sending a certified letter with pics of the blighted tree. Demand he take it down and that if it falls there could be significant damages to property and potential personal injury. Being more aggressive would be to file a suit after sending the letter suing in nuisance and demanding an equitable order that the tree be removed. In Georgia, I'd seek attorney fees for having to go to all those steps.
Not intended to be legal advice, since I assume you are in Texas. But I imagine if you consulted with a lawyer, he or she would give you similar advice.