Kita was involved in a car wreck. She told the other woman that it was her fault, but then told me it wasn't. My insurance, State Farm, was ready to pay GEICO, but I started fighting back. I wrote with the details to the Texas Department of Insurance and they found in my favor. Then I brought a case against the other woman, but State Farm said that they didn't have to provide a lawyer for me so they didn't.
Here's what I had on my last site.
Kita's Car Crash
I filed a suit in Small Claims court
against a woman who seemed Jamaican who hit my car while my daughter was
driving. At the accident, my daughter was shook up and called my insurance
carrier (State Farm), 911, and my wife and told them that the accident was her
fault. When she got home, I asked her for the details and found that it wasn’t
her fault at all, but the woman's. I called State Farm to explain and they
dropped the claim.
I filed a claim with Geico (the
woman’s insurance carrier), but they refused to pay. I wrote to the Texas
Department of Insurance’s Mr. Jim Woodall (phone number). He obtained testimony
from my witness, Neal Isaac (ph num), and my daughter. He found that I am right
and asked Geico to support their determination. Their answer didn’t satisfy Mr.
Woodall. I took the woman to Small Claims court. The trial began with the judge
calling for a stage in the trial using a legal term. I didn’t know it so I let
the woman’s lawyer go first. He started talking to the potential jury members
by pleading his case to them. When he was done I started doing the same when
the judge stopped me and said this is the part where we should interview the
potential jurors to see if they’d be unreasonably biased. I said that the
lawyer had done this, and the judge said that he had meant to stop him, too. I
also recall that the lawyer hadn’t interviewed the potential jurors to see if
they were unreasonably biased. I see this as possible evidence that the jurors were
plants.
The judge asked me to present my case.
I started by submitting the Texas Department of Insurance report that found in
my favor and asked Geico to pay me. The judge said that I can’t submit it since
this is a case of me against the woman and only people who were witnesses to
the accident can speak. I asked Kita, my daughter, to take the stand.
She said that she was traveling south
on Beltline Road near the end of the block that the Irving Mall is on. A city
bus stopped in front of her so she turned on her left blinker, looked back, saw
no one in the lane to her left for at least 40 feet, looked ahead and merged to
her left. As she was merging, she was struck at the left side of her (my) car
about midway. The dent is a sharp bend in the shape of a bumper corner and not
a scrape.
Kita and the woman drove their cars
out of the way of traffic to discuss the accident. The woman told Kita that the
accident was her fault and Kita gave in without question. Kita called 911, my
insurance (State Farm), and her mother and told these people that it was her
fault (Kita’s). About this time Mr. Neal Isaac approached Kita and the woman
and gave them his phone number as a witness. State Farm began processing Kita’s
claim against me. The woman didn’t file a claim. When I got home that day, Kita
told me the story. When I asked her for the details, she told me then I asked
her why she said it was her fault. She said she was just afraid and wanted the
issue to end. I called State Farm with the information that Kita told me, and,
after some time, State Farm agreed and stopped processing the claim. Geico had
called and said that they would charge me then changed their minds also.
I filed a claim at Geico against the
woman. Geico refused to honor my claim. I brought the case to the Texas
Department of Insurance. Mr. Jim Woodall handled the case, gathered independent
evidence and found in my favor. Mr. Woodall asked Geico to account for why they
wouldn’t honor my claim and they said they discounted the witness and didn’t
find the cars’ damages as proof. Mr. Woodall asked again and Geico refused
again.
I brought a case in Small Claims court
against the woman. Geico let me know that they’d hired a lawyer and requested a
jury. When the first court date was approaching, Kita let me know that she
couldn’t attend since she was going to be in a military school. I rescheduled.
Then I said that I had no problem with
any of the jurors. The judge then called the lawyer and me to the bench and
handed us papers. These were supposedly lists of all of the potential jurors
and information about them. As the judge was reading his copy, I couldn’t find
the names on the list that he was saying. That part ended and we returned the
lists. The judge chose six jurors to decide the case. They went to their juror
seats. Then he asked me to present my case.
During the trial, the lawyer asked
Kita over and over why she didn't call everyone to say she had misspoken. Kita
said that she didn't think that it mattered. When I was asking the woman about
what had happened, she drew pictures on a chalkboard showing that Kita was
behind her and came up on her right side and grazed her right front bumper. She
stated that Kita was going around a bus that was on her right side. With a bus
in the right lane and the woman in the next lane over, Kita couldn't have been
able to fit between them to get through.
The lawyer tried to make it seem as
though the witness, Neal Isaac, was up to something and, so, was not credible.
He didn't offer a motivation.
The most curious set of events were
when the judge called the lawyer and me into his chambers to tell us
something, I saw that there was a door in there leading to the jury room.
Later, the jury deliberated for a substantial time and we could hear shouting
outside the jury room. Then, the Bailiff stood in front of the door to the jury
room and engaged me in a conversation. I could hear that the jury had quieted
down. Suddenly, the jury rushed out and said that the opinion was unanimously
not guilty.
I'd like to know if I can get a record
of this trial, and if I could ask the jurors how they decided their decision.
Then, the woman's lawyer filed against
Kita.
20080804 With all of the cases
where a person's conviction was overturned, it seems to me that the American
Judicial Industry is faulty and needs to be redesigned.
20090415 I was just contacted
by someone who said that their name is the same as the name of the woman
mentioned above and so asked me to remove it from this site. I did that and
I'll try to get her more information about the woman.
20090630 I told her, she found
that the woman mentioned above was really named the same, so she wasn't
stealing her identity. I'll find the guilty woman's name, put it back on here,
and I'll be sure to state that she is not the other lady in Virginia who is a
lawyer.
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