When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages. Only thing is, he was the one driving the dump truck. But that minor detail didn't stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident, even after admitting the crash was his fault.

After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.

City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can't sue her own husband.

"You can sue your spouse for divorce, but you can't sue your spouse for negligence," Schwabauer said. "They're a married couple under California law. They're one entity. It's damage to community property."

But Rhonda Gokey insisted she has "the right to sue the city because a city's vehicle damaged my private vehicle."

In fact, her claim, currently pending at Lodi City Hall, is for an even larger amount _ $4,800.

"I'm not as nice as my husband is," she said.

___

link

shoot him.

That'a about right for Lodi.

<-- Here's my suprised look.

I can't take this shit anymore.

Quoted: I can't take this shit anymore.

Downfall of a once great empire my friend...sad to watch.  

"I'm not as nice as my husband is," she said.


She's not as smart either.

Hi my name is stupid and I'd like to file against stupid

Quoted: shoot him.

Agreed!

Quoted: I can't take this shit anymore.

We are kings compared to these idiots.

Wasn't Sgatr15 from Lodi?

Quoted: shoot him them.

Gotta get them both, and hope that they haven't reproduced yet...

Damn... that's all I can say is damn.

I found this posted on another board......................

"I think the city should pay the claim. Then they should have their police dept. cite him for the accident. That plus the accident report will add at least 4 points to his license. Depending on how many points he has against his license, DMV might pull it. Then they should fire him for cause."

Quoted: Quoted: shoot him them. Gotta get them both, and hope that they haven't reproduced yet...

They should just shoot themselves, and then sue eachother...

Quoted: Quoted: I can't take this shit anymore. We are kings compared to these idiots.

in the land of the blind, the man with one eye is king

<--from Lodi

ETA: Yes, Lodi harbors Al Queda and Idiots.  

And I moved to this town to get out of Stockton and it's high profile crime.

I think this was from Lodi New Jersey.  It figures though..............everyone who lives here is nothing but sleaze.  Pure sleaze.  I fucking hate this state!!!!  I hope it falls off into the atlantic ocean.

Quoted: I think this was from Lodi New Jersey.  It figures though..............everyone who lives here is nothing but sleaze.  Pure sleaze.  I fucking hate this state!!!!  I hope it falls off into the atlantic ocean.

Did you follow the link?

LODI, Calif.


When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages......................snip...........................

If a city worker hit your car and the city refused to pay, would you sue? Of course. It sounds as if, technically, the guy is suing the city, not himself. Technically speaking, there is likely no identity of parties. It is doubtful that he has actually named himself as defendant.

Anyone have a copy of the complaint? I read several versions of this article and all referred to 'suing' but then indicated that they Gokeys had filed claims with City Hall that were denied by the City and pending with City Hall. I dunno about CA but that isn't how lawsuits work here.

If in fact a suit has been filed, one needs to know the basis for the suit. The Plaintiff's own negligence? He will likely go nowhere with that as indicated by the article.

If he hit his own vehicle because the truck he was required to drive was inadequately maintained and malfunctioned or something else other than his negligence, then perhaps he has a legitimate complaint.

By the way... never ask: "can so and so [sue, call the police on me, take me to court] for [insert anything here]?" The answer is always:


Of course they can, anyone can haul you into court, call the police on you or sue you for anything, anytime, anywhere. Will their actions have any merit? That will depend but generally speaking they can do that anytime...try and stop them.

Ok, enough hot air from this not so wise wisenheimer and without further ado, another one of my favorite true Court opinions:

United States District Court, W. D. Pennsylvania. UNITED STATES ex rel. Gerald MAYO v. SATAN AND HIS STAFF. Misc. No. 5357. Dec. 3, 1971. Civil rights action against Satan and his servants who allegedly placed deliberate obstacles in plaintiff's path and caused his downfall, wherein plaintiff prayed for leave to proceed in forma pauperis. The District Court, Weber, J., held that plaintiff would not be granted leave to proceed in forma pauperis who in view of questions of personal jurisdiction over defendant, propriety of class action, and plaintiff's failure to include instructions for directions as to service of process. Prayer denied. Gerald Mayo, pro se. MEMORANDUM ORDER WEBER, District Judge. Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights *283 in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall. Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights. We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time. If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class. We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process. For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis. It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied.

Quoted: Quoted: I think this was from Lodi New Jersey.  It figures though..............everyone who lives here is nothing but sleaze.  Pure sleaze.  I fucking hate this state!!!!  I hope it falls off into the atlantic ocean. Did you follow the link? LODI, Calif. When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages......................snip...........................

Sorry I missed the link.  I still hate this state anyway

Local news said that the City's attorney said the case would probably go to small claims court.  The city was not going to pay anything outright.  

His wife filed the claim against the city.  She said she figured she could get money for the damage since her name was on the truck too, and a city empoyee (her Husband) hit "her" truck.

Solution 1..........Pay off the  claim, and FIRE the driver

Solution 2..........Pay off the claim and GARNISH the drivers paycheck

Solution 3...........Tell the driver to fix his own damn car

I'm really not that shocked.