June 29, 2008 bsmith101
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It is 2:30 in the morning and I am just now getting up.  I did a marathon yesterday…I stayed up all night without sleeping in order to push out some paperwork that I should have done long ago.  Have you ever had something you really needed to do but just could not bring yourself to get it done? 

Though I stayed up all night to do it…I never once touched what I was suppose to do until about 6 o’clock in the morning.  That’s how much I really didn’t want to do it…something that I should have gotten done back in May.  But as the legal clock was ticking, I could not afford to get out of this month, June, without at lease attempting…and I say that because I may have missed the deadline already.  But I just couldn’t drive myself to do it when I really should have…and I am usually not a procrastinator.

After one legal battle after another this year, 7 classes, 21 credits this past semester…and what seemed to me to be one controversy after another…I am tired. 

So, dealing with yet one more legal affair, which by all accounts should have been done away with last year…I just…I just did not want to do it. 

Call it frustration.  Call it laziness…call it whatever you want.  But I just did not want to do it. 

So, I stayed up all last night realizing that if it was going to get done…this was my absolute last chance to try and get it in. 

It had been a legal issue dating back to 2002, dealing with an automobile accident in which my son’s car was pretty much totaled while he was away at school…since which we had been back and forth to North Carolina in trying to get the matter resolved.  And since we had gone this far and to not see it through…  Well, I had to force myself.

What lawyers count on…is that you will give up…grow tired and concede.  They bank on it in fact.  So, they keep you tied up for years running back and forth. 

Most lawyers won’t even take a case that they don’t perceive is worth it (in time and/or money).  So, unless you have a little knowledge and possess some willingness to sit in law libraries doing a lot of reseaching…you are out in the cold.  You may have a case but no lawyer is willing to take it…because they don’t want to take the time or the frustration of handling a case which might get drawn out in court for years…of which there is not real money involved in it.  And then nobody wants to go up against the giants…because the giants have plenty of money and don’t mind trying to wear you down.

But sometimes you just have to go for it…for yourself.

This issue was one of those.  It involved my son’s life and wellness…and I could not let it go without a fight.  It was never about money…as we were entitled to money.  But the issue was they had endangered the life of my son knowingly.  And when nobody would take the case to represent my son fairly…I stepped in as a party to the case since I had purchase the vehicle and had been the one responsible for paying it off long after its demise.

Our giant was Allstate.  And though they sent out teams of lawyers against us…the facts bore us out.  We won.  And we had no lawyer representing us…and we made every court date though it was a 12 hour drive from our home…and there were over 10 court dates plus mediation, hearings for motion after motion…of which against all those lawyers…for the most part we still prevailed.

There is nothing like being blessed and highly favored.

But last year June was finally due to be our trial date.  And…BAM!  A surprise ruling just before seating the jurors.  I was removed from the case and told I was not a rightful party to the case.  Now my son was placed in a position of having to present our case. 

Now, understand this…I was the one who had filed the suit on “our” behaves.  My son had no involvement in the case other than being the person behind the wheel at the time of the accident…of which he clearly was not at fault.

As the judge was unwilling to hear my arguments as to why I should not be removed from my own case…and was unwilling to allow my son any time to prepare to move forward with our case….there was nothing that we could do. 

My son looked at me with a gleam in his eyes and whispered…”I can do it, ma.  Ma, I do it.”

I said, “____, this is not Judge Judy.”

And he said again, “Ma, I can do it.”

Well, even if he couldn’t…we had no other options in light of the Judge’s decision.

My son was amazing.

I could not believe it.

In all those various trips back and forth to that North Carolina courthouse, my son had never said one word in the courtroom…it had all been me.  Every argument, every document, every motion…everything having to do with our case including bringing the law suit had been me.  And there was my son in that courtroom, on a beautiful sunny day last June, going through jury selection like a champ, submitting evidence, questioning witnesses… like Perry Mason.  He was astounding.  I doubt that I could have done a better job.

And the best part was when he himself took the witness box and the Judge questioned him.  There wasn’t a dry eye in the house…not one in the courtroom.  Even the other side…as they watch their case go out the window before them by a couple of amateurs 

My son was great. 

And I say that beyond being just a proud mother.  I never would have thought he would have been able to carry it off…but he more than carried it off.  He swept through it…and stole center stage doing it…like a pro.

With each time we had to gone back and forth into the courtroom…each time we came back a little bit better and more prepared than the last time.  So, by the time the case was finally bought to trial we were so up on it…in terms of big posters of the pictures of the car etc.  Even down to knowing what other cases had been brought against our defendants that were similar to points in our case. 

BUT.  There had been something that we had not been prepared for.

After the Judge dismissed the jurors telling them they would have to return to the court the following day to deliberate their verdict in the case…the judge turned to my son and asked him to “show damages.”

My son didn’t have a clue what the judge was asking him for.  And then the judge commence to dismiss our case.  Meaning that it was…it was all over. 

After all those years of preparing for our case and going back and forth to North Carolina…our case was now thrown out of court.

Therein lays my frustration…we had won.  There had been no rebuttal of our evidence from the other side.  No cross testimonies or witnesses to the contrary.  We, my son and I, had successfully crossed over the bridge to the other side.  So, then why now should I still be faced with having to generate yet more court documents concerning this case?

We had won.

But we had not been prepared for the other side to steal our win from us.  We had been set up…and it had all been a sham…the whole hearing…to an unforeseeable end.  That is what it was that they swung in our direction…a sham.

Lawyers look to see what judge is going to be in what courtroom…they look for judges who are favorable to them, who belong to their country club, whom they play golf with etc…etc…even in some cases may be related to.

Don’t let anybody tell you that justice is blind.  It is a lie.

Now, we are on our way to the Appellate Court.  I will keep you abreast.  But thank God…I finally got our paperwork together. 

I had intended to make the post office yesterday…but it wasn’t until after 3 in the afternoon on Saturday that I finally had everything printed out and copied.  By that time all the post offices here in our town were long closed. 

In New York City, at 34th and 8th Avenue the post office is always opened.  It never closes…except for on legal holidays…in fact it may not even close then.  Outside of that 24/7 that post office is always open…but not that way here.

So, I missed the post office and almost missed UPS.  Got there just seconds before they locked their doors.  Didn’t want to spend all that money…but had to get my documents to the court before this month was up.  And it still might be too late.

Sometimes you just got to get over your frustration and do what you gotta do no matter how you feel about it.

Easier said than done.

I will let you know how the Appellate Court goes.  Looking forward to our 4th…June certainly blew by…in fact this whole year.  July is beating at our door and soon it will be August and back to school…some more aggravation.  An issue I have to settle there…I had put that off too.  Sometimes you just don’t want to be bothered.  You would rather not face some things. 

I hate controversy.  I dislike having to deal with them.  But I guess as long as we live there will always be one controversy after another.  Some matter that you have to tend to…or contend with.

It is now 5 o’clock in the morning.  And I didn’t have anyone else to talk to.  Well, that is not quite true…that may have been the case once upon the time.  Or what I thought was true back then…but certainly not now.

And I think I am going to consult Him right now…and read a little. 

Planning on being in Detroit during our 4th…and I’m so happy I was able to get that document out to the Court of Appeals.   What a weight…

I was so tired by the time I got through with it…not to mention how I kept finding myself dozing off at the computer while typing it up…along with rushing so much just to get it done…over a 100 pages of text I had to generate…and as the court required it to be done.  So, I really had to push myself…luckily I had done all the legal reseach in advance.  Otherwise it would have been impossible to do in one night.  No, it was several days of culinated work.  

I am just so happy to be through with it.  So much so…that I never even checked any of it for errors.  One reason being… I could barely see anything anyways…as my eyes were so crossed by 3:40 yesterday afternoon from lack of sleep that it would have served no purpose for me to even try…because I could not see anything much less a bunch of errors on over a 100 pages of court documentations.  (Just a note…I finally, did check it a day later…and had to send a revised package to the court ASAP…and plead upon the court to accept the amended document.   You only get one crack at it…so, it has got to be your best shot…and the high court…as well as, any court is no joke.  Long before you walk through the door the judge…and in this  case the judges…have read and make all kinds of decisions based upon the points of arguments in your documentation)

On my way home after getting the package off…I was so tired I had to fight to stay awake at the wheel as I drove out to the airport to deliver my package to UPS.

I was so tired…that I even forgot to get the address to the courthouse where I was to send my package.   So, I had to end up calling information just to get the address…more time…more money.

So, no political commentary…no, not this morning.  Or any discussion on hot news topics…noooo, not today.   Because…I’m just toooooo tired.

And now…I’m too tired to even go any further with this blog.  I hope some of this made sense.  I am not going to even bother to read it.  As I can barely see…   goodnight…or maybe I should say good-morning.  Enjoy your Sunday. 

And…God bless

ps…well, I did go back over this.  And happy I did…though I had to almost put my nose to the screen of my computer in order to see… but I am just too vain to have posted this blog without first trying at least check it for errors.  Of which there were many.   Though I must admit…I made a lot of spelling errors and forgotten words here and there while writing these blogs. 

Since I am mentioning it…let me say sometimes to pays to mis-spell a thing or 2.  On the day I wrote my blog about those 17 girls and their pregnancy pact…I spelled pact with a “K”…it was also the way that many people spelled it as they searched for that story over the internet.  So, on that day due to my mis-spelling over 240 people found their way to this blog site.

Now, that is truly something.  And so wasn’t my son whom I love dearly.  He is just the best person.  And I say this often…and it is the truth.  He is a far better person than his mother.  And I should know.

Thanks for reading.  ©2008


Entry Filed under: Corporate Greed,court case Allstate,Court Of Appeals,judicial system,Law,Unfair Trade Practices

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