Hmm, if he was operating as an agent of the city the city is responsible for damages. If his wife is the one suing, then I think it should go through.
> -----Original Message----- > From: Vivec [mailto:[EMAIL PROTECTED] > Sent: Thursday, March 16, 2006 6:36 PM > To: CF-Community > Subject: Now this lawsuit ain't a hoax > > But they haven't succeeded yet either ;-) > > "LODI, Calif. - When a dump truck backed into Curtis Gokey's car, he > decided to sue the city for damages. Only thing is, he was the one > driving the dump truck. > > But that minor detail didn't stop Gokey, a Lodi city employee, from > filing a $3,600 claim for the December accident, even after admitting > the crash was his fault. > > After the city denied that claim because Gokey was, in essence, suing > himself, he and his wife, Rhonda, decided to file a new claim under > her name. > > City Attorney Steve Schwabauer said this one also lacks merit because > Rhonda Gokey can't sue her own husband. > > "You can sue your spouse for divorce, but you can't sue your spouse > for negligence," Schwabauer said. "They're a married couple under > California law. They're one entity. It's damage to community > property." > > But Rhonda Gokey insisted she has "the right to sue the city because a > city's vehicle damaged my private vehicle." > > In fact, her claim, currently pending at Lodi City Hall, is for an > even larger amount - $4,800. > > "I'm not as nice as my husband is," she said. " > -------- > That's just ludicrous. It must be doubly frustrating to try to state > what should be obvious in legal terms! > "it's damage to community property" > They should pay the money and then sue the driver for double *chuckle* > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Message: http://www.houseoffusion.com/lists.cfm/link=i:5:200354 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
