Legal troubles regarding escaped cattle? *UPDATE*

[countrywife]

If it wasn't his animal, he has no liability. Someone has to prove the ownership of the steer. Someone else should check the steer for bullets- I find it hard to fathom a four wheeler killed it. When your brother father in law, or whatever, is served with papers, go see an attorney. If its not his steer, its not his liability. End of lawsuit.

 

[Lil Chickie Mama]

Don't know if this helps, but when my FIL's wife filed a restraining order against him that was proven that she was lying about everything except her name (the judge even called her a liar!) he was able to make her pay for the lawyer fees and everything because she wasted his time and the court's time based upon lies.

I hope for the sake of you brother's FIL that this doesn't go to court, but if it does and he is able to prove that it wasn't his steer and they knew it, maybe he won't be held responsible for the fees, but it is something you have to specifically request it from the judge.

 

[dianneS]

They crazy thing is that the attorney already said that an investigation to prove that it wasn't his steer + court costs, attorneys fees,etc, would cost him more than settling out of court for $10,000! I think that is outrageous, but it looks like that is what may happen. These people may walk away with ten grand from an old man who can't afford it, and didn't do anything wrong! What a crazy world we live in.

 

[ksalvagno]

I really don't understand how someone can just say who owns the steer without proving it. That makes no sense to me. Aren't the police investigating who really owns the steer? If this is what it is coming to, we are all in grave danger.

 

[countrywife]

Well Im sorry. I have worked in the legal business for 20 years- he needs to go see another attorney. That is bull that he has to settle. ITS NOT HIS ANIMAL! Somebody has to prove it is. Even here people mark thier cattle, so somebody needs to go find out. Have your brother go help the old man. Where is the steer now. What is the proof that the accident happened? Who else in the area owns cattle? All these things you can find out without an investigator. And yes, in most states, if a lawsuit is felonious filed the filer will have to pay all the fees.

 

[jhm47]

Countrywife is right. The burden of proof as to the owner is on the plaintiff, NOT the defendant. Get another lawyer.

 

[dianneS]

Well Im sorry. I have worked in the legal business for 20 years- he needs to go see another attorney. That is bull that he has to settle. ITS NOT HIS ANIMAL! Somebody has to prove it is. Even here people mark thier cattle, so somebody needs to go find out. Have your brother go help the old man. Where is the steer now. What is the proof that the accident happened? Who else in the area owns cattle? All these things you can find out without an investigator. And yes, in most states, if a lawsuit is felonious filed the filer will have to pay all the fees.

I agree, he should get another lawyer. I know that the attorney they met with is kind of an idiot. I just figured, he was all they could afford? I'll see what we can do to help this guy out, since his kids and grandkids are no help. They are using this situation to their advantage, to intimidate the old man into giving them land in exchange for them paying the settlement out of court! Its disgusting what some people are capable of doing... and to their own family too!

 

[dianneS]

It seems as though the people filing the lawsuit are going after this poor old man in big way. They've hired one of the biggest law firms in the state and they may try and take him for everything he's got, which is his farmland since he has nothing else.

Apparently he is "guilty until proven innocent" because once all of the neighbors heard about the lawsuit, they are all denying that its their steer as well. Although, the neighbor right next door made the call to the rendering plant to have the carcass hauled away. I don't think he was just trying to be neighborly, that seems like an admission of guilt to me.

Also the people doing the suing are really trashy people (you'd have to be to pull something like this!) and they are seeing this as their big break to get rich quick! Disgusting.

 

[mommy_2_parks]

You are right, that is disgusting! My prayers are with that man and I hope this gets solved in a just and fair way. I cant believe what the world is coming to...

 

[Imissmygirls]

I hope someone took pictures of the carcass. Was there any eartag on it? Any ID at all? Who authorized the neighbor to call for its removal? Destroying evidence? If it was homegrown, DNA or bloodwork could prove parentage...but of course, if it's gone

And i am sure the law firm took the case on a contingency basis. They may not assign it to a major partner, but the firm bigwigs know the judges. Don't worry... the law firm will take the land in judgment. I've known lawyers that *acquire* land that way.
Perhaps they figure the old guy is easy prey.
Sounds like SOME lawyer is gonna make $$ outta this.