Ski Accident

[SteveP]

My minor son was involved in a ski accident last year in New Mexico. He was with a church group from our home town. He ran into a woman who which resulted in a torn rotator cuff and she is now suing me for personal injuries, lost wages, etc....I live in Texas and she is suing the church, my son, and myself. What do I do. Am I liable for this? I sure dont have the money to travel and retain an attorney in New Mexico. What should I do? The woman resides in California. Any help would be appreciated.

Steve

 

[debt_helper]

My minor son was involved in a ski accident last year in New Mexico. He was with a church group from our home town. He ran into a woman who which resulted in a torn rotator cuff and she is now suing me for personal injuries, lost wages, etc....I live in Texas and she is suing the church, my son, and myself. What do I do. Am I liable for this? I sure dont have the money to travel and retain an attorney in New Mexico. What should I do? The woman resides in California. Any help would be appreciated.

Steve

You need to get an attorney to argue forum non conviens and have the venue changed from New Mexico to Texas. The best arguement is that if the plaintiff lives in California, they would be no more inconvienced to travel to Texas than NM, but it would be a great incovenience to you. However, since the accident occured in NM, te motion may be defeated. I'm not sure how one would go about requesting a severance, but it sounds like if the church and your son are removed- NM has no personal jurisdiction over you. Again, attorney needed. As for liability, a parent is responsible for a childs negligence, which is what I'm assuming he is being sued for. However, you have a good arguement that the chirch was acting custodian of your son, and thus responisble for his conduct. Bottom line- it sounds like you have some good points of contention, go see an attorney.

 

[seniorjudge]

And why does this woman think that YOU are liable for something?


By the way, have you asked the church if its insurance carrier has hired a lawyer yet?

 

[SteveP]

I am wondering that myself....

I have no clue why the woman thinks I am liable. I am wondering why I am being sued along with my minor son.

I have contacted the insurance carrier for the church and they suggested that I retain my own attorney. He said it would be a conflict of interest if the attorney for the insurance company was also my attorney. It sounded to me as if all the the church was going to try to put all blame on my son and myself.

This is going to cost a small fortune of which I dont have.

 

[seniorjudge]

I have no clue why the woman thinks I am liable. I am wondering why I am being sued along with my minor son.

I have contacted the insurance carrier for the church and they suggested that I retain my own attorney. He said it would be a conflict of interest if the attorney for the insurance company was also my attorney. It sounded to me as if all the the church was going to try to put all blame on my son and myself.

This is going to cost a small fortune of which I dont have.

You need to get a hungry lawyer who practices across the street from the courthouse where this was filed to countersue for damages for filing a frivolous complaint.

 

[SteveP]

Senior Judge....Thanks so much! I may be able to sleep tonight!

One more question if you have time. In the case that the insurance carrier settles and they pursue a judgment against me can they take my assets in Texas since I live in a different state other than where I am being sued in?

 

[seniorjudge]

Q: In the case that the insurance carrier settles and they pursue a judgment against me can they take my assets in Texas since I live in a different state other than where I am being sued in?


A: Yes, but I frankly doubt that it gets that far. This is obviously a lawsuit just to get a little dab of money from the insurance company.