Guest guest Posted December 8, 2006 Report Share Posted December 8, 2006 Dear Friends, (Sorry Martha, you've heard this already) Before Thanksgiving I found a " lovely " (I'm being sarcastic) heavy bundle of papers on my doorstep which told me in essence that the case my lawyer, Wessler, and I have been working on for almost six years is being denied a trial or the ability to settle. Since my brother's sucide in August, I have not been able to deal with much. I was getting ready to visit my brother's son in NC at Cherry Point Marine Air Command base for Thanksgiving along with his mother. I wasn't able to even recognize what had happened with the mold case. I couldn't deal. I can't deal with more than one completely astounding devastation at a time. When my lawyer asked for some additional time based on the impact of the suicide, I don't know if he told why he needed additional time, but we were actually granted LESS time. Whenever the defense wanted weeks and months, they dragged their feet with no inkling of when they were going to file or respond. If THEY have asked for time, they have been granted their every fondest wish. Six years of waiting to go to trial and when my lawyer asks for 6 weeks, we actually get two weeks and I have to drive to Albany, NY and back to Pawtucket, RI in one day so that Johanning can be brought up to speed and signed in as an expert witness because he was going on vacation during the second week that we were granted. I had to then drive to Lebanon, NH and back in one day to bring another doctor up to speed. All this followed by DAYS of mad rushing around trying to get other medical records from other doctors AND FOR WHAT??? Remember, I am the sick person, gulping down coffee and holding down the steering wheel for hours on end. Then the judge rules on the Summary Judgement and hands the decision over to THE DEFENSE. My neighbor, who is the defense along with his insurance company, was raising a whole PET STORE in his condo (cages of birds, reptiles including snakes, tarantulas, tanks and tanks of fish) such that air testing in my condo showed high levels of bacteria associated with raw sewage processing and animal husbandry. It was my lawyer's job to prove beyond a shadow of a doubt that my neighbor KNEW that a whole wall in his basement was missing, allowing water to go between our walls every time he or his renter took a shower, producing copious black mold growth (analysed to be Stachy), but my lying neighbor DOESN'T have to prove that he DIDN'T KNOW. My remediators called me when they opened the walls because in removing my basement insulation, my neighbor's walls came away - basically because it was no more than BLACK GOOSH at that point. So the defense also made the argument that MY REMEDIATORS caused MY NEIGHBOR'S WALL DAMAGE!!!!!!!!!!!!!!! The judge believed HIM and his lawyers as they concocted lies and are calling ME, the injured party, the liar. The judge ruled in such a way, by not telling what exactly convinced him in particular as to why this case had no merit SUCH THAT MY LAWYER AND I CANNOT EVEN APPEAL because it will not produce a different outcome. So SIX YEARS OF WORK has been reduced to an insurance claim for property damage for which I doubt I'll even get a red cent. I can't scream or cry loud enough to represent my utter outrage, feelings of devastation and hopelessness. There are no words. I am working as hard as I can to survive. I don't have enough work and I have no living family nor a spouse to help me thru any of this. How this judge can rule so that an injured party cannot even rebut his decision, I cannot for the life of me understand. How can this man look himself in the mirror? My lawyer says we have to put the property damage part of the case past this SAME JUDGE. It's like getting kicked and then expecting to NOT be kicked again. I am at my wits' end. Stensrud Quote Link to comment Share on other sites More sharing options...
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