Got a letter from an attorney wanting to sue me follow up

cadmancadman Home of the Gators Posts: 26,191 AG
edited September 2018 in Off Topic #1
I originally got one of those demand letters wanting my insurance info and coverage, just gave the defendants name and a date of an accident. I googled it and found out some guy paralyzed himself diving into a shallow pool after drinking beer. the kicker was the guy was underage. The attorney said we sold to a minor and was responsible. I called my insurance and got the wheels rolling.

Today i got a certified letter with all the details and it was the kid who was paralyzed. I was looking over the evidence they sent and noticed the receipt wasn't from my store. 

THEY GOT THE WRONG STORE AND IT IS ANOTHER CHEVRON LOCATED ON UNIVERSITY AVENUE. 

I feel bad for the other dealer, but very happy to know it isn't my store or my people involved in this mess. I was shocked it could be us since I found a photo of the guy online and no one knew him. Plus we are probably one of the hardest places for a minor to buy beer. Most kids avoid us knowing they will get carded.

Got to call the attorney Monday and tell them to go after someone else and leave me alone, also have to notify the insurance company. 

Mini Mart Magnate

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Replies

  • Bimini TwistedBimini Twisted Posts: 11,202 AG
    Wow, that's got to be a big relief . Good for you, you can un-pucker.
  • capt louiecapt louie citrus countyPosts: 9,828 Moderator
    ^^^  Agree.. !

    "You'll get your weather"
  • hatcityhatcity Posts: 3,051 Captain
    just to **** him off, I would let it go thru the system and then throw it him......and HE has to pay your attorney fees+
    I know it takes you away from work and the stress of it.
    But just to f--k with them
    I was not born stupid, just had lots of practice
  • cadmancadman Home of the Gators Posts: 26,191 AG
    My insurance wouldn't like that. In Florida, you have to sue to get attorney fees. It ain't fun. 

    Mini Mart Magnate

  • AC ManAC Man Posts: 4,704 Captain
    I bet you were shaking in your shoes till you realised it wasn't your store. Lawyers will drag everyone possible into the case. 
  • cadmancadman Home of the Gators Posts: 26,191 AG
    edited August 2018 #7
    AC Man said:
    I bet you were shaking in your shoes till you realised it wasn't your store. Lawyers will drag everyone possible into the case. 
    This guy, according to the stuff i got, is suing some promotional company that hosted the event at the complex, the apartment owners, my landlord, me, and a few others I didn't know. 

    Mini Mart Magnate

  • Reptile DysfunctionReptile Dysfunction LP - Edge of the Known UniversePosts: 3,275 Captain
    cadman said:
    I originally got one of those demand letters wanting my insurance info and coverage, just gave the defendants name and a date of an accident. I googled it and found out some guy paralyzed himself diving into a shallow pool after drinking beer. the kicker was the guy was underage. The attorney said we sold to a minor and was responsible. I called my insurance and got the wheels rolling.

    Today i got a certified letter with all the details and it was the kid who was paralyzed. I was looking over the evidence they sent and noticed the receipt wasn't from my store. 

    THEY GOT THE WRONG STORE AND IT IS ANOTHER CHEVRON LOCATED ON UNIVERSITY AVENUE. 

    I feel bad for the other dealer, but very happy to know it isn't my store or my people involved in this mess. I was shocked it could be us since I found a photo of the guy online and no one knew him. Plus we are probably one of the hardest places for a minor to buy beer. Most kids avoid us knowing they will get carded.

    Got to call the attorney Monday and tell them to go after someone else and leave me alone, also have to notify the insurance company. 
    Cad, I wouldn't wish this on anybody. Even though it appears you are not held to blame, I'm sure it was not a mistake that you received that letter.

    The sad issue is that even though you have nothing to do with this, it may still cost you a lot of time and money to get it resolved, not to mention lack of sleep.

    Good luck to you.
    "If you think health care is expensive now, wait until you see what it costs when it's free" - P. J. O'Rourke
  • cadmancadman Home of the Gators Posts: 26,191 AG
    cadman said:
    I originally got one of those demand letters wanting my insurance info and coverage, just gave the defendants name and a date of an accident. I googled it and found out some guy paralyzed himself diving into a shallow pool after drinking beer. the kicker was the guy was underage. The attorney said we sold to a minor and was responsible. I called my insurance and got the wheels rolling.

    Today i got a certified letter with all the details and it was the kid who was paralyzed. I was looking over the evidence they sent and noticed the receipt wasn't from my store. 

    THEY GOT THE WRONG STORE AND IT IS ANOTHER CHEVRON LOCATED ON UNIVERSITY AVENUE. 

    I feel bad for the other dealer, but very happy to know it isn't my store or my people involved in this mess. I was shocked it could be us since I found a photo of the guy online and no one knew him. Plus we are probably one of the hardest places for a minor to buy beer. Most kids avoid us knowing they will get carded.

    Got to call the attorney Monday and tell them to go after someone else and leave me alone, also have to notify the insurance company. 
    Cad, I wouldn't wish this on anybody. Even though it appears you are not held to blame, I'm sure it was not a mistake that you received that letter.

    The sad issue is that even though you have nothing to do with this, it may still cost you a lot of time and money to get it resolved, not to mention lack of sleep.

    Good luck to you.
    I get confused with the other store all the time, The attorneys are out of Pensacola and likely thought it was my store for some reason. But the receipt is clearly the other store located on University Ave. Should be easy to clear up, It is a major no no to sue someone when you have evidence it is the wrong person. 

    Mini Mart Magnate

  • GA FinGA Fin Posts: 8,924 Admiral

    Cad, have you suffered stress, lack of sleep, lack of appetite, inability to concentrate and inability to get your weenus to stand at attention since you got the attorney's letter?


    If so, you need to lawyer up and give those blood suckers a taste of their own medicine.

    Straight white male living a life of privilege and proud of it.


    "The greatest pleasure is to vanquish your enemies and chase them before you, to rob them of their wealth and see those dear to them bathed in tears, to ride their horses and clasp to your bosom their wives and daughters."
  • cadmancadman Home of the Gators Posts: 26,191 AG
    You guys don't disappoint, 

    Pretty sure I need to give them the chance to correct their error. 

    Where are the resident attorneys on here?

    Mini Mart Magnate

  • Mackeral SnatcherMackeral Snatcher Posts: 10,761 AG
    Al thou I am not a licensed attorney I've been called enough names in my time to qualify as a sort of common law attorney.
    How can I help? :)
    THERE SHOULD BE NO COMMERCIAL FISHING ALLOWED FOR ANY SPECIES THAT IS CONSIDERED OVERFISHED.
  • Turner River TerrorTurner River Terror Posts: 6,337 Admiral
    I know a Lawyer and we just discussed this.
    In his words he basically said you need to sell everything and move to Thailand and get a Short , Slender , Doe Eyed Housekeeper with dark skin and long black hair, that has a Sister.
    Cheap Palm thatched Cabana near the Beach and smoke weed , Drink and Relax while your still alive.
    Or end up in Leavenworth with AC Man ...Your choice.
    Hope this helps..
    Killin and Grillin :grin
  • dragon baitdragon bait Posts: 6,472 Admiral
    Make sure your lawyer is not a graduate of Cooley Law School I hear they're not very good 
  • Florida BullfrogFlorida Bullfrog Posts: 2,076 Captain
    cadman said:
    You guys don't disappoint, 

    Pretty sure I need to give them the chance to correct their error. 

    Where are the resident attorneys on here?
    That area of law isn't my forte, but I'm pretty sure your attorney might be able to get some satisfaction out of them for naming you in a suit you had nothing to do with, at the least for the time it took your attorney to make some phone calls and file a motion or two to clear it up. Depending on how the other side reacts, the situation might be solved with a phone call and an apology, and maybe some token attorneys fees for everyone's troubles. However, just because you can prove it isn't you doesn't mean they actually will believe you initially. They might drag it on for a while before they accept their mistake. But they will have to figure it out and substitute you in for the right store at some point at the risk of totally losing the claim and the right to refile it against the right party (statute of limitations running). In which case your attorney will know how to spank them for some serious legal fees. 

    Sometimes what happens is a wrong plaintiff is named, but the right plaintiff is a sister corporation and knows good and well that the Plaintiff intended to sue the sister corporation instead. In those sorts of cases, sometimes the statute of limitations isn't counted as having ran even if the Plaintiff files the correct suit after the time period would have normally ran out, because often the Defendants are aware of the mistake and purposely drag out the suit until the time period runs out in order to surprise them with "guess what, you sued the wrong corporation."  What I don't know is whether the statute of limitations can run out on the case if they are going after a totally wrong plaintiff with no relation to the proper party. I'm going to guess that it can. It no-one's fault but theirs didn't read their own receipt. I would think naming the completely wrong person in a suit which causes the other side to lose would be major legal malpractice if it ends up adversely effecting the plaintiff's claim. 

  • Florida BullfrogFlorida Bullfrog Posts: 2,076 Captain
    BTW, suits like this are one of the many reasons...

    ... I hate attorneys. 
  • AC ManAC Man Posts: 4,704 Captain
    Cadman. Remember that national steak house in Gainesville burned to the ground several years ago in your area. It was a grease fire at the cooks station and faulty fire suppressant system, yet the attorney was all over us because we worked on the hood motor a couple weeks earlier. Ruthless!

     
  • mustang190mustang190 Posts: 10,104 AG
    edited August 2018 #18
    And be sure to start wearing a neck brace.  ;)
    2013 Pathfinder 22 TE , 150 Yamaha,
  • GA FinGA Fin Posts: 8,924 Admiral
    Better call Saul.
    Straight white male living a life of privilege and proud of it.


    "The greatest pleasure is to vanquish your enemies and chase them before you, to rob them of their wealth and see those dear to them bathed in tears, to ride their horses and clasp to your bosom their wives and daughters."
  • conchydongconchydong Pompano BeachPosts: 4,391 Captain
    BTW, suits like this are one of the many reasons...

    ... I hate attorneys. 
    I guess It is everyone else's fault that the kid made a stupid decision. I wonder who gets sued when kids steal booze from their parent's liquor cabinet and do stupid things? I feel sorry for the kid but sometimes there are consequences for the ill advised things we do.

    “Everyone behaves badly--given the chance.”
    ― Ernest Hemingway

  • nuevowavonuevowavo Posts: 6,530 Admin
    Shakespeare had it right.
    Federales, bring my baby back to me!
  • cadmancadman Home of the Gators Posts: 26,191 AG
    edited August 2018 #22
    Bullfrog, thanks

    I had not called an attorney yet. Just notified my insurance. I guess I better make a call. I can't remember the guy I used it has been so long since I needed one. 

    The accident happened in March of 2017, they have plenty of time. Isn't it five years on civil suits?

    Mini Mart Magnate

  • CountryBumpkinCountryBumpkin Fla. Piney WoodsPosts: 1,390 Officer
    cadman said:
    Where are the resident attorneys on here?
    I thought it was common knowledge they only lurk now, ever since they welched. ;)

    I say......I say son.......new & improved my tail feathers.

  • cadmancadman Home of the Gators Posts: 26,191 AG
    Looking at the letters again, it doesn't appear they have filed a lawsuit yet. These are just notifications  of their intention?

    Mini Mart Magnate

  • Turner River TerrorTurner River Terror Posts: 6,337 Admiral
    One way ticket to Thailand is about $600...just sayin..
    Killin and Grillin :grin
  • mindyabinessmindyabiness Posts: 4,579 Captain
    Letting these people know they made a mistake at this point may not the most lucrative position to take.
    It may be better to see just what measure of "harassment" they choose to take before you enlighten them.
    Arguing with idiots is like playing chess with a pigeon... No matter how good you are, the bird is going to crap on the board and strut around like it won anyway.
  • conchydongconchydong Pompano BeachPosts: 4,391 Captain
    One way ticket to Thailand is about $600...just sayin..
    You may convince a lot of us even if we aren't being sued.Related image


    “Everyone behaves badly--given the chance.”
    ― Ernest Hemingway

  • GardawgGardawg Posts: 7,954 Admiral
    She looked clean


    “Today a young man on acid realized that all matter is merely energy condensed to a slow vibration, that we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.

    Heres Tom with the Weather.”
  • ANUMBER1ANUMBER1 Posts: 9,721 Admiral
    Gardawg said:
    he/she looked clean


    FIFY
    I am glad to only be a bird hunter with bird dogs...being a shooter or dog handler or whatever other niche exists to separate appears to generate far too much about which to worry.
  • cadmancadman Home of the Gators Posts: 26,191 AG
    One way ticket to Thailand is about $600...just sayin..
    You have succeeded in derailing this thoroughly. 


    Mini Mart Magnate

  • cadmancadman Home of the Gators Posts: 26,191 AG
    edited August 2018 #31
    Letting these people know they made a mistake at this point may not the most lucrative position to take.
    It may be better to see just what measure of "harassment" they choose to take before you enlighten them.
    i am calling the attorney in the morning. I have a regular customer who has an office next door that is a nice guy. I am going to talk to him and go from there. He handles these kind of cases for the plaintiff usually. He has spent a few dollars over the last 15 years, I might as well give him some business.

    I am not interested in making money off them, just get my name removed from this. 

    Mini Mart Magnate

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