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Sunday, August 12, 2012

"Ask the Judge" column continues in La Prensa, 8-12

Ask the Judge: Courtroom Scenarios
By Judge Steve Walker

For the past four weeks now, I have regaled the reader with scenarios that occur in Pct. 2 Justice of the Peace Court between plaintiffs and defendants who get carried away and sometimes exhibit bizarre behavior by blurting out outrageous statements to prove their cases.

Spewing the first thought that comes to mind, some of their testimony is so weird and off the wall it makes you ask my favorite question that I repeat every week, “What the?”

You can’t help wonder if they have totally lost it or fail a reality check in putting their thoughts together. It never fails to amaze me that numerous litigants appear to be making up the story as they go. As I have reiterated over the weeks, I do my level best to listen to their stories however bizarre they sound. Despite the craziness there is truth somewhere in their story and I am tasked to ferret it out and make an informed decision on their case.

I would point out that most litigants in my court are articulate, respectful and are able to make a strong defense in their behalf or case against a defendant. Lest I paint a picture of total insanity in my court, it does not apply to all who come to my court in pursuit of justice. But those that do appear to be one brick shy of a load take it to a new level.

The patron saint of the Small Claims Court is of course TV Personality “Judge Judy.” Obviously many of those who come to my court apparently watch way too much “Judge Judy.” I am quick to remind those in my court I am not Judge Judy and can’t act like her since she is an entertainer (former real Judge) and I am a Judge in a real courtroom.

This week’s story involves a woman who claimed her car was hit by another driver in an intersection. She was suing for damages to her car. She told the court that the other driver hit her vehicle and the tires of the defendant’s car rolled over her hood of her car.

The defendant was represented by an attorney who interjected that according to the police report the plaintiff had actually t-boned the defendant in the intersection. When I asked the plaintiff to explain the discrepancy, she replied, “OK I hit him, whatever.” Stunned, I continued by questioning her about the tires of the defendant rolling over her hood. Again she claimed it actually happened.

I explained to her, “It physically could not have happened that way.” I said to her, “You would have to have been going so fast that on impact the other car would have had to literally go straight up in the air and then eventually come down on your vehicle and roll over the hood.” She said “That is exactly what happened!” Shaking my head I pointed out that the laws of gravity would say otherwise. She lost her case.

Makes you want to say, “what the?”

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist. This column has run for 75 consecutive Sundays in La Prensa.

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