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My Attorneys Misrepresented Me, Are lying to Me and the Court

Discussion in 'Lawyers, Legal Practice, Ethics & the Bar' started by Casandra Marchiano, Sep 28, 2020.

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  1. zddoodah

    zddoodah Well-Known Member

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    Well...no one's going to learn that from reading this thread (at least not so far).

    The message apparently isn't getting through to you, but I'll quote the numerous answers you've already received:

    _________________________________________________

    Here's what I can tell from looking at the docket for the Eastern District of Pennsylvania:

    In January 2020, the OP and her husband filed a product liability lawsuit in Pennsylvania state court against a car manufacturer and a dealer. The complaint alleges a January 2018 purchase of a 2014 car for about $12,500 and that, shortly after the purchase, the vehicle had transmission problems. Following service provided by the dealer, in April 2018, the OP "was operating the [vehicle] in a parking lot . . . and had parked the vehicle when suddenly, without warning, the vehicle accelerated and struck a tree, causing plaintiff to sustain severe and serious injuries. . . ." An auto repair center subsequently examined the vehicle and determined it "to be unsafe to drive due [to] issues with the transmission." In December 2018, the OP received a recall notice from the manufacturer. The installment sale contract is attached as an exhibit. I did not read it carefully, but I saw nothing regarding any warranty (which, presumably, would have been a separate document. The window sticker is also attached as an exhibit and says nothing about a warranty (or "as is").

    On 4/30/20, the defendants removed the case to federal court. I did not look at all of the exhibits, but the notice of removal alleges that, in response to the manufacturer's preliminary objects to the complaint, the OP filed an amended complaint "in which she asserts claims of negligence, strict liability, and breach of warranties." The manufacturer then filed another set of preliminary objections based on alleged failure "to comply with certain procedural requirements set forth in the Pennsylvania Rules of Civil procedure." The manufacturer also claims that the warranty claims are time-barred. The removal was based on the OP's assertion of federal warranty claims in her opposition to the second round of preliminary objections.

    In May 2020, the OP dismissed the manufacturer without prejudice, and the case was remanded back to state court. It seems pretty obvious that the OP's attorneys thought the case was better off in state court without the manufacturer as a party than it was in federal court with the manufacturer (although I'm not sure why they couldn't have simply disclaimed the federal law based claim since that was the basis of the federal court having jurisdiction.

    It does not appear that PA state court records are available via the internet, so I have no idea what has transpired over the past four months. However, it seems pretty obvious that the relationship between the OP and her attorneys is irreparably strained.
     
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  2. cbg

    cbg Super Moderator

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    However, the OP needs to understand that reputable attorneys do not troll message boards looking for clients. She cannot find new representation by posting on a message board. If she is looking for a new attorney, she needs to contact her state Bar Association, her local Legal Aide, or any law schools in her area for referrals.
     
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  3. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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    Hello, this is short but I was told the car had no issues or recalls but that was later to be found a lie, brought it back the next day for driving like a stick, was told all new parts were put in however it accelerated forward on me while I was parking slammed into a cement barrier, jumped over it, back wheels caught barrier but the front went down a slope and into a tree. My head was hit several times in the car, my body was thrown I suffered a severe concussion 4 areas of my brain which I still do cognitive PT for, permanent injuries had a bursectomy and facing a 2nd hip surgery to walk on the left side.
     
  4. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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    Hello, thank you, what is written there is all lies! I never had knowledge of any court dates nor did I consent or admit to negligence. I provided so much proof of malfunction and negligence from both Ford Corporate and Pacifico Ford. I did not know of any recall letters prior to my malfunction however many came in the mail about a year later as well as a segment on the NBC nightly news of the car never having should be put in production as well as letters from the Detroit press. No one else was on my complaint but me, they had a wrong name on it and that is what I amended. My attorneys lied to the court, lied about me, to me, withheld all action taking place on my case and misrepresented me.
     
    Last edited by a moderator: Sep 30, 2020
  5. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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    Also I was not parked yet, I was trying to get straight in the parking spot, I was "parking". Some Drs. and people assumed the meaning of my words also which has been addressed and my not speaking well for months with concussion exhausted trying to get well didn't help, but nevertheless the car was not in park and it accelerated, malfunctioned codes of which I have.
     
  6. Zigner

    Zigner Well-Known Member

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    Can you tell me what recall, specifically, you are saying was related to the accident?
     
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  7. zddoodah

    zddoodah Well-Known Member

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    A lie or a mistake?

    Also, I'll ask once more: Did you obtain any sort of warranty? Or was it an "as is" sale?

    What? All lies? So you didn't buy the car? You didn't file the lawsuit? The lawsuit wasn't filed in Pennsylvania state court and removed to federal court? Those things are not lies, so I suggest that, if you want helpful responses, you discontinue with the rhetoric.

    There were no court dates relevant to anything I put in my summary of the federal court record.

    Nothing in my summary says otherwise.

    Ok...so hire new lawyers.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    How exactly does a stick drive?
     
  9. justblue

    justblue Well-Known Member

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    Woodenly?
     
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  10. Zigner

    Zigner Well-Known Member

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    I have checked the NTSB website for the 2014 Ford Focus and I found 12 recalls, none of which are related to the problem that you have described. I am not saying that YOUR vehicle didn't have a problem, I am only saying that any recalls on the vehicle don't seem related to your problem. Can you tell me what recall you feel addresses the issue you experienced?
     
  11. army judge

    army judge Super Moderator

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    Great question, my friend.

    As I recall the "sticks" I've driven, the driving experience was most pleasant.

    I've owned many cars and trucks in my life.

    My favorite was my first car, a 1965 Triumph Spitfire.
    Boy did I love that little car.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    About half of the cars I've owned have had manual transmissions. Including my current Corvette. I don't see how a 2014 Ford Focus could "drive like a stick" unless it has a manual transmission which I don't think was even an option.

    P.S. I had a 76 Spitfire many moons ago.
     
  13. Zigner

    Zigner Well-Known Member

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    Think of the stereotypical inexperienced driver who is driving a car with a manual transmission for the first time. Jerky starting and stopping...that's what I think the OP was trying to convey.
     
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  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Since the OP won't tell us what happened in any coherent way we pretty much have t go off what was in the court documents that Army Judge quoted...

    "was operating the [vehicle] in a parking lot . . . and had parked the vehicle when suddenly, without warning, the vehicle accelerated and struck a tree, causing plaintiff to sustain severe and serious injuries. . . ."

    Based on that and her use of the "drives like a stick" phrase my bet is she didn't have it in park after she parked and hit the gas.
     
  15. adjusterjack

    adjusterjack Super Moderator

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    Zigner, I don't know how you missed this. A quick google search brought up this class action settlement of a lawsuit that has apparently been going on for quite some time regarding the faulty transmissions in the Focus and Fiesta that includes 2014.

    Ford Will Pay Millions to Fiesta, Focus Owners Over Faulty Automatic Transmissions

    Casandra's lawyer may have made a big mistake dismissing Ford with prejudice. That leaves the dealer as remaining defendant. It's going to be tough to show that the dealer has any liability for an as is sale of a car that the buyer drove for 4 months before the unfortunate malfunction.

    She may be right about the lawyer misrepresenting her.
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Nothing in that article mentions any problem that would have caused what the OP described if she was parked and didn't push the gas.
     
  17. adjusterjack

    adjusterjack Super Moderator

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    Did you miss:

    "sudden or delayed acceleration"

    Anyway, I found this too:

    Ford Focus Car Accelerates On Its Own Problems - part 1

    Loads of complaints of sudden acceleration.
     
  18. Zigner

    Zigner Well-Known Member

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    I saw this. The OP specifically mentioned a recall, and that class action settlement doesn't deal with a recall. Ford has admitted no liability and the Feds haven't found it necessary to issue a recall. Additionally, we don't even know if the OP had that particular transmission in her vehicle.
     
  19. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Sudden or delayed acceleration wouldn't happen if the car was in park. And I can't find anything in that forum link that mentions one coming out of park.
     
  20. adjusterjack

    adjusterjack Super Moderator

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    This whole thread has nothing to do with coming out of park. She was in the process of parking, moving toward the concrete bumper when the car suddenly accelerated.
     

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