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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. Zigner

    Zigner Well-Known Member

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    The OP says she was parking, not parked.

     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That isn't what is listed in the information Army Judge posted from the case files. And I have yet to find anything in the OP's posts that contradicts that.
     
  3. army judge

    army judge Super Moderator

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    Triumph built a great little car.
    They were the best British cars, for the price point of average priced cars, Bentleys and Rolls-Royces EXCLUDED.

    My motoring experiences in my little Spitfire will forever live in my old brain.

    Plus, I loved tinkering with that car. Heck, in those days I could even change the oil.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Ahem...cough...cough...WHO posted? ;-)


    How about the OP's post #25 in this thread (which "Zigner" quoted in post #41)?

    One of the OP's primary points is that stuff her lawyers put in documents filed with the court is incorrect.
     
    justblue likes this.
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Oops sorry, I have no idea why I wrote Army Judge. It was you.

    OK, she sort of buried the lead. But I missed that.

    I still think she hit the go peddle.
     
  6. army judge

    army judge Super Moderator

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    From what little I know about making a car "giddy up", one has to have the car in gear, engine running, and then depress the accelerator.
     
  7. Zigner

    Zigner Well-Known Member

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    This lady is saying (as others have) that her car moved forward either uncommanded, or at a rate far greater than commanded. I agree that it is unlikely that the car jumped forward without any input, but it is possible that the car didn't respond as expected, so the driver pressed harder on the accelerator pedal until the car suddenly leapt forward.
     
  8. army judge

    army judge Super Moderator

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    A car is an inanimate object.

    A car moves if a human being (trained in driving a car) starts the engine, engages the transmission, and applies pressure to the accelerator.

    My father taught me what I know today about cars.
    His generation always had tools and parts in their vehicles from the 20s, 30s, and carried that tradition on as they began driving more modern cars in the 60s, etc...

    That said, very few of us today carry many tools in our 21st century vehicles.
    One, it wouldn't do much good, because repairing cars today means "diagnose, remove, replace the broken part.

    Then there is the issue of the computer that does what humans once had to do.

    When I bought my first car, dad lectured me on the stability of stick shifting and the "tranny" (as used back in the 60s, not as used today).

    In essence he said that a car can't move without human intervention/interaction.

    That is what I've observed throughout my life.

    I don't dismiss what others say to the contrary, other than to say, "I have NOT seen an automobile (or any of it's other forms) move without human intervention".

    Yes, a tornado can lift them from one spot to another, as can a hurricane, a tsunami, and an earthquake.

    However, if any of those natural disasters strike, the automobile isn't operating through any of it's intended means.
     
  9. Zigner

    Zigner Well-Known Member

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    I'm not going to get in to silly examples of non-running cars rolling downhill, etc. I know what you mean :)

    In modern cars there is often (usually?) no mechanical connection between the accelerator pedal and the throttle. They're "fly by wire" now. The movement of the pedal translates in to an electrical signal that the computer interprets and then causes the required magic to happen to move the car. If the computer has a "glitch", it's entirely possible for the car to accelerate without any input for the driver. In fact, it has been a documented occurrence in several car models over the years.
     
  10. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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  11. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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    Yes thank you, this is correct. I was not parked, I was parking and yes the car malfunctioned accelerating forward.
     
  12. Casandra Marchiano

    Casandra Marchiano Law Topic Starter New Member

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    Apologies if I was not clear. I am an excellent driver all my life with a perfect driving record. The car was driving like a stick the day after sale shuddering couldn't get enough gas or got to much, it was not operating properly so it was returned to Ford and I was told transmission was replaced. Yes, after only a few months of driving it, while I was parking still in drive the car malfunctioned and accelerated forward. Had I known of the recalls, issues, and dangerous I would never have purchased that car.
     
  13. Zigner

    Zigner Well-Known Member

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    Can you explain what you meant in your earlier comment when you said (and I'm paraphrasing) that you have the malfunction codes that prove it?
     
  14. zddoodah

    zddoodah Well-Known Member

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    In post #50 in this thread, you posted a quote box that indicates you're quoting me, but every word in that box is yours, not mine. Please don't do that.

    This doesn't make any sense. You wrote that "[t]he . . . court dates . . . state I admitted to negligence." A "court date" cannot "state" anything.

    Any court dates would have occurred in the state court since your case was barely in the federal court for a week (notice of removal filed on April 30 and stipulation and order to remand on May 7).

    Assuming your intent was to say that your attorneys said something during some sort of court appearance, I'm curious, if you "had no knowledge of" any court appearances, how you could possibly know what your attorneys may have said during any appearances.
     

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