subpoena

[Ron Lippold]

Well I got one, it seems that a day care that i clean is being sued by a scumbag lawyer, and some dumb apple parents.

This happened before I started cleaning them, and there has been on problem since i have been cleaning them. I only use the o2 system.

My question is do I tell this dumb apple lawyer to hunt down the guy that cleaned the carpet before me or do I just go along with this crap.

 

[Ron Lippold]

I dont know but there has been no issue with anything since i have been cleaning the rugs.

They were being encapped and shampooed before i started.

 

[brucehudson]

Though contacting the opposing attorney is a good idea, make sure anything you DO is through the court. Don't just call the attorney, tell him he has the wrong guy, and then ignore the subpoena.

If you do not have your own attorney, I would also recommend contacting the attorney for the plaintiff. They will very likely file the motion to quash the subpoena since it does not apply to the case.

If you do find yourself in a continuing position of proving you are not liable for the claims being made, you are typically better off at least consulting with your own counsel.

This is of course not legal advice

 

[Greg Loe]

This is going to be interesting?

Are you saying that they had a problem with the other company using encap?

 

[Ron Lippold]

yes the carpet was black when I did it the first time. Started cleaning and the carpet was green, I dont know who was doing it last but it was not good

 

[rhyde]

first thing spend the 200 bucks and run it by your lawyer

 

[Wayne Miller]

What Randy said, have your attorney review it.

 

[The Great Oz]

Encapping a day care? Do whatever you have to to distance yourself from the previous cleaner. It doesn't seem like some guys in the encap business share my concern about combining high residue cleaning and kids.

Let us know how this ends, or PM me the particulars and I'll follow it myself.

 

[Ron Lippold]

Thanks for the advice guys.

Im taking in all invoices and msds lists. I think im going to say as little as possible.

 

[R W]

I brought this subject up about 6 months-a year ago, and I got poo-poo'ed about worrying about it. I definitely would never encapp or padcap a carpet where kids would be laying and playing on. Straight HWE with a clear water rinse, or Procyon in my case.

 

[Farenheit251]

Kind of strange that they went from a low dollar cleaner to the highest priced cleaner. Such drastic change would usually require some impetus like a child getting sick. Also hard to believe the daycare (who must have supplied your name) doesn't know you weren't cleaning at that time. I wouldn't trust either side.

 

[truckmount girl]

Have you been sued? In other words are you named as a defendant on a complaint filed with the court?

A subpoena merely is a means of Discovery. In other words, one or both sides would like to have your testimony or your records of the incident. It does not mean they are holding you liable in any way unless you were named as a defendant in the actual lawsuit.

They probably consider you an expert witness and are suing the other company.

Give them copies of the records they are asking for, or answer their questions....carefully. If you have any questions, feel free to PM or email me.

Take care,
Lisa

 

[Ron Lippold]

update

well i went and talked to the lawyer this morning it seem that this kid was not a regular. On this day the kid showed up fine after a hour or so she had a small rash, but within a day or two it turned into a blister that covered most of the upper part of her fore arm. looked very painful.

I told the lawyer that i thought it looked like a bug bite or something it was just on her arm no leg face or any other part of her body, and this was the only child affected.

 

[John Watson]

I think my friend to North hit the head of the nail..


Better start CYA for slip fall now!!!!

 

[Ron Lippold]

big blister and several layers of skin gone. I was thinking maybe pesticides or something.

 

[R W]

big blister and several layers of skin gone. I was thinking maybe pesticides or something.

Maybe a scorpion bite? Or a brown recluse spider??

 

[Clark]

Counter with a Business Interference complaint for interrupting your business with malicious intent. 10 grand plus attorney fees out of court. Then watch the big boys run for cover. When you're wright offense, when you're wrong defense.

 

[XTREME1]

not for discovery or a case without maliscious intent and try to prove that one.

It is just discovery

 

[truckmount girl]

A subpoena does not mean you are being sued! It just means they think you might have some info they might need, that you are a (possible) witness, not a defendant.

Take care,
Lisa

 

[Dale]

Hi Ron:

Remember this is civil court, not criminal. You don't owe them anything.

As inspectors, we got to court a lot as "experts", (already 5 times this year) and get paid. And last year I also was subpoenaed twice. They were hoping to get free testimony. I called both the attorneys who sent the subpoenas and let them know my prices to testify. And if I was not to be paid, I would be "dumb as a box of rocks, and they would not get an opinion". They decided to pay, and sign a contract prior to court.

Thx,
Dale