The Cube Update

old_skul · 06-27-2001, 01:40 PM

As many of you remember, the City of Cincinnati Police department removed my 1987 Ford Escort beater from the city streets last April, and destroyed it the same day. I had filed a claim with the city for the value of the car.

The latest development: The City claims the car had no battery in it, and was therefore abandoned. This simply means my lawyer and I will be suing the city, now for the value of the car, and my attorney fees. We can't sue a municipality for damages, unfortunately.

My question is: How did they know if the car didn't have a battery in it without breaking in to it? The battery is kept under the hood, and the car was locked...

And how did I drive it to work two days prior with no battery? And why didn't I get a notification on the car, ever?

I'm calling Judge Judy.

------------------
Mark Szabo
1986 911 Targa 3.2
1987 Escort 5-speed 1.9 RIP
The Porsche Owners Gallery

old_skul · 06-27-2001, 01:41 PM

In case you missed the point - the City is making crap up. The car had a battery in it.

------------------
Mark Szabo
1986 911 Targa 3.2
1987 Escort 5-speed 1.9 RIP
The Porsche Owners Gallery

Jdub · 06-27-2001, 01:48 PM

How they squirm and wiggle to gain our trust! F#$kheads.

Tighten down on them legally. Keep going. They are wrong and it's up to the citizenry to wake them up, but sadly it's the citizen pocketbook that will be robbed to pay you back.

Jw

PS: I just thought of something: they might have to have drained the gas/oil and pulled the battery prior to crushing...these are both hazardous and thus couldn't be crushed? Guessing here...

[This message has been edited by Jdub (edited 06-27-2001).]

1.2gees · 1.2gees's Garage

Keep us updated as to how this thing works out, I for one am curious, and good luck.
Ahmet

------------------
It's all the driver...
My page over1g@hotmail.com
Porsche owners Gallery.../My 944

magilla · 06-27-2001, 02:00 PM

Yeah, but what about the girlfriend? What is her status?

Kurt B · 06-27-2001, 02:30 PM

Well, the city has no idea that now Pelican parts knows. All the users know. My next stop, the O'Reilly Factor (all you conservatives applaud, I know you're out there).
The city will pay, and pay hard.

------------------
Kurt B
1984 Carrera Cabriolet
911 Page
carrera_cabriolet@yahoo.com

david c. · 06-27-2001, 03:00 PM

I'm not sure what you mean by not being able to sue for damages? Do you mean punitive damages, i.e. damages beyond your actual economic losses, tangible and intangible. Typically, punitives are available to punish the wrongdoer beyond the actual dollar value of what was lost/damaged. They are "punishment" damages.

If that's the case, you should focus on maximizing your actual damage toll. Was there anything unusual or personal about your car? I'm thinking of how to raise the value of a seemingly low value car.

Is your attorney an inventive guy?

Best of luck. I'll contribute to the legal fund. Hell, if that dip**** Clinton had a defense fund, and he was certainly wrong, we dutiful property owners and taxpayers deserve one when we did no wrong!

Bluto once said: "Did we give up when the Germans bombed Pearl Harbor...?"

island911 · 06-27-2001, 06:55 PM

Quote:

Originally posted by old_skul:
. . .the City is making crap up.

This is standard operating proceedure called Throwing YOU a bone. If they can get you tied up arguing about battery/no-battery you won't be arguing the bigger issue.
They have handled people before. . .one area where they are experts

'81 Platinum Metalic SC COUPE

Jens Wendorff · 06-28-2001, 03:37 AM

Maybe its simply not allowed to trash a car with the battery in it? Thats the law here.
Of course, the city would do never anything against the law...

Jens

Joeaksa · 06-28-2001, 06:03 AM

Mark,

You are not understanding nor seeing the BIG PICTURE! The car did indeed have a battery in it when it was last in your possession. The tow truck driver or someone at the crushing facility needed a battery and helped themselves to it before it was crushed!

Get a statement from someone who rode in the car recently or saw it drive and put the ball back in their court. BTW, sue the bastards for your legal costs, and add several thou for harassment!

JA

Obin Robinson · 06-28-2001, 06:06 AM

Quote:

Originally posted by Joeaksa:
Mark,

You are not understanding nor seeing the BIG PICTURE! The car did indeed have a battery in it when it was last in your possession. The tow truck driver or someone at the crushing facility needed a battery and helped themselves to it before it was crushed!
JA

this sounds pretty accurate. just like how someone probably helped themselves to the stereo, the contents of the glovebox, and any other things they wanted too.

obin