wizguru wrote:
Thanks for everyone's helpful responses. Please continue to respond.

The Lull caused the damage, and I am very confident I can prove it
based on a preponderance of evidence. Most juries are reasonable and
use common sense in rendering a decision.

If you think this is worth taking to a jury trial, you must be nuts.
You were ready to accept their repairs subject to a few additonal
conditions and the amount of that repair sounds very small, certainly
under a few thousand bucks.

The big and obvious question in all this is exactly how much does the
damage amount to? I would have figured that out before I did anything
else. Until you determine that, talking about jury trials is just
getting all torqued up over nothing. At most, I see a small claims
case here.







I spent months trying to reasonably deal with their attorney to just
repair the wall - I asked for no money for me - but just repair the
wall. I have done everything reasonably possible to avoid a lawsuit.
They forced me to sue and I shall sue.

I finally got a response that they would replace the bricks. I
responded that was acceptable to me but they would have to guarantee
their work for a year against defects in workmanship and materials,
ascertain that the wall's foundation was not cracked (as it makes no
sense to put good bricks on top of a bad foundation), and to make sure
the site was safe while they were working on it (because of the public
sidewalk). Their response was then to refuse to do the repairs. Seems
to me their intent was to just slop some bricks in there.

Not shown in the photos, the sidewalk is heavily cracked on both sides
of where the Lull was parked. And as I stated, where the Lull wheels
rested, the sidewalk is depressed about 1/2". Furthermore, parking on a
sidewalk in Alamogordo is ILLEGAL, and I own the land on both sides of
the sidewalk, so they had trespassed my property and parked on it
without financially compensating me for that privilege or seeking my
permission.

I am very reluctant to contact the insurance company. Reason being is
that the last time I put in for an insurance claim years ago, the
insurance company refused the claim, then refused to renew the
insurance on the home and then jacked up my insurance on the home we
live in that has nothing to do with that home and of which I have never
filed a claim with, and then blackballed us with all of the other
insurance companies. I filed a complaint with our PRC and never got a
response. You are talking about New Mexico, where insurance companies
can apparently abuse people at will because clearly the PRC and AG are
in bed with them.

What is the model of this Lull? How much does it actually weigh? And
does its safety manual warn against driving or parking too close to
structures? Again, images are at: www.jjwill.com/DamagedWall.htm.

John )