IT WASN'T A TOTAL SURPRISE, EVEN AFTER MONTHS OF WAITING, BUT IT WAS SHOCKING AND UPSETTING NONETHELESS. I WAS JUST LAID OFF THE WEEK BEFORE SO ARLENE AND I HAD ALL DAY AND NIGHT TO READ IT, TALK ABOUT IT, READ IT AND TALK ABOUT IT AGAIN. HAVING NEVER BEEN SUED BEFORE WE OBVIOUSLY HAD A LOT OF QUESTIONS. WE ALSO LACKED ANY KNOWLEDGE OF THE LAW AND THE LEGAL PROCEDURE. WE DIDN'T THINK THAT IT WOULD BE POSSIBLE FOR NEIGHBORS TO SHUT DOWN A PERSONS DRIVEWAY. BUT IT APPEARS THAT'S EXACTLY WHAT THEY WERE NOW ATTEMPTING TO DO. A DRIVEWAY THAT WAS THERE IN 1978 WHEN WE BOUGHT THE PROPERTY, AND HOW MANY MORE YEARS BEFORE THAT. WHERE DID THEY WANT US TO ENTER AND EXIT OUR PROPERTY? THROUGH THE UNOPENED ALLEY RIGHT BEHIND THEIR HOUSE? THIS DRIVEWAY THAT WAS IGNORED BY THEM ALL THOSE YEARS, .......EXCEPT FOR PICTURES AND VIDEO. NOW, THEY WANT US EJECTED.
IS THE AMOUNT IN CONTROVERSY LESS THAN $ 30,000 ? NO
WOW, IT TAKES YOUR BREATH AWAY. TRY TO IMAGINE WHAT THAT FEELS LIKE.
THEN WE READ. JURY TRAIL DEMANDED. THEN THEY SAY. " DEFENDANTS' INTENTIONAL ACTIONS ARE MALICIOUS AND JUSTIFY AND AWARD OF PUNITIVE DAMAGES." PUNITIVE DAMAGES! FOR.....THE EVIL INTENT OF DRIVING TO AND FROM OUR HOUSE ON OUR DRIVEWAY.
THEY WANT US EJECTED, THEN THEY ASK THE COURT FOR AN AMOUNT IN EXCESS OF THE ARBITRATION LIMITS OF THIS COURT, PLUS PUNITIVE DAMAGES AND COSTS OF COURT. THEY ATTACKED FIRST, AND USED THE BIGGEST BOMBS THEY HAD. THEY SAID VERY LITTLE, " IN OR ABOUT 2001 DEFENDANTS, SUBSTANTIALLY EXPANDED THEIR PREEXISTING DRIVEWAY." THEY GOT THE YEAR WRONG AND IT'S UNCLEAR WHAT " SUBSTANTIALLY EXPANDED" MEANS, BUT THEY DID DO SUBSTANTIAL DAMAGE.
DID THEY CONSIDER THE RISK? THE COST? THE TIME? HOW ABOUT ALL THE PEOPLE THAT MAY BE EFFECTED BY A LAWSUIT? THESE THINGS WEIGHED HEAVY ON US AND WE CONSIDERED THEM ALL. THOUGH THIS WAS VERY HARD ON ARLENE AND ME, THE NEIGHBORS SUING US OVER ASPHALT, AFTER THINGS CALMED DOWN SOMEWHAT, I COULDN'T HELP BUT THINK....OF BASEBALL.
