Legal troubles regarding escaped cattle? *UPDATE*

[dianneS]

Perhaps they figure the old guy is easy prey.
Sounds like SOME lawyer is gonna make $$ outta this.

I think they do see this old guy as easy prey. I'm sure that the law firm did take the case on a contingency basis. They are one of those firms that advertizes on TV all the time about how they don't collect any legal fees until "you win your case!"

I don't know who authorized the removal of the carcass, no one I imagine. I think when Cleatus looked at the steer and verified it wasn't his, he thought it was all over. I don't think it had an ear tag. Actually, now that I think about it, I believe they said it was a bull, not a steer? Maybe it was a young, small bull? I still don't see how the fact that the kid was breaking the law driving an ATV underaged and on a public road, can't play into it somehow?

 

[jhm47]

I repeat---there are attorneys who take on such cases with no charge. Contact your local social services personnel, and get them to refer you to one of them.

The burden of proof as to who owned the steer/bull is on the plaintiff, NOT the defendant. Actually, you should not even need an attorney on this, just go to court and claim that the animal was not his. The plaintiff's attorney will need to hire someone to prove that the animal was actually owned by the defendant. He will not want to do that, and I really doubt that he will continue the case very long when he finds out that he will actually have to do some work for his fee.

 

[promiselandfarm]

Sounds like they are after his land and know he is poor. HE really needs someone in that area who knows agriculture law. Here in Tennessee if someone hits a cow or other farm animals that is out on the road it is the drivers responsibility as they did not have control of their vehicle. Find a lawyer and counter sue which may help them to stop them also have him request something be done about the boy driving a ATV illegally on the road which is hazardous to all the neighbors. He can pay lawyers payments if he has to but if he can get a good one he needs to or he may loose what little he has and be homeless.

 

[countrywife]

What actual paperwork do you have that this man is being sued? Even crappy firms know not to file a friviolous (sp?) lawsuit. Has he actually been served a complaint, or is this what he is being told? Becuause if there is an actualy filed complaint he only has 30 days to respond or lose by default. Call Legal Aid- if you can't find it, pm me where you are and I will find it.

 

[LavacaW]

Since when is it law that one must be represented by an attorney in court in this country? Can you imagine any jury ruling against this old man if he tells his story... You obviously have a computer and the internet and probably access to a library. Help him! You cannot represent him but he CAN represent himself.

 

[farmgirljen]

Is there any kind of police report in regards to this incident? Someone needs to find out- also someone needs to find out if the steer was in an open range area. If the steer was in fact in an open range area, then the guy can actually sue them for damages, loss of his steer, etc. If there is no police report, then they can not actually prove the incident happened in the first place. Without any documentation of the incident, they will have a hard time proving that the kid did in fact hit and kill a steer. Not to mention proving whose it was in the first place- and of course no one is going to own up to who it actually belonged to since htere is talk of a law suit over it...

 

[jhm47]

What was the actual outcome on this? Please update us.

 

[dianneS]

Everything is still pending at this time. No outcome yet.

I've tried to talk sense to the family and they won't listen, his kids don't seem to care what happens to the old man, so I can't really get myself stressed over it.

The old man's oldest son, who has a college education and a decent job, has finally gotten involved. I don't know if he's been much help or not.

I will try and find out what is happening at this stage of the game and give you a better update, but I do know that there has not been a settlement yet.

 

[Royd Wood]

Glad this post has come to light again for us new members as I have nightmares about escaped cows / horses. We have all new fence around the place and should be ok but I keep checking.

I do hope the family support the old boy and what a fiasco for someone his age when its not even his beast

 

[dianneS]

Well, here is the update on the old man and the steer that wasn't his.

He paid a settlement to the people, even though they couldn't prove that it was his steer, and he coudn't prove that it was not.

I guess he sold some land, or timber or cattle to come up with the funds. The people who were suing him wanted $35,000, but they may have settled for less.

I know it doesn't make sense, but with these uneducated people and country lawyers, not much does makes sense around those parts.

The kid on the ATV was under aged, riding an unlicensed vehicle on a township road, and was driving it after dark and wrecklessly. And these people get to walk away with a wad of cash? Doesn't make much sense, but this is how it all ended.

The old man is still in his falling down shack of a house and caught some type of respiratory illness from climbing up inside his old moldy silo. Now he's coughing up black stuff and will probably be dead soon anyway.

Its really sad, but what can one do?