02x106 - Hit-and-Run House Slam and 'Kayak Conflict

[bunniefuu]

A car comes out from over here,
it hits me.

And I ended up in his yard...
to avoid a collision.

The victim of a hit and run.

I'm a victim here.

She swerved in my direction to
avoid hitting other cars.

That sounds smart.

-Well...
-[narrator] This is Judy Justice.

[indistinct courtroom chatter]

[narrator] Jimmy Davis is suing motorist
Mi Keya Bingham for property damage

to his house from a car accident.

[bailiff]
Court come to order. All rise.

Have a seat everyone.

Hello Judge.
Case 2157, Davis versus Bingham.

[clapping] Miss Bingham.

-Yes, ma'am.
-[clapping] You hit Mr. Davis' house.

-It was a wall, a retaining wall.
-[Judy] Wall.

Yes, ma'am.

You hit his wall...

-Yes, ma'am.
-with your car

-Yes, ma'am.
-[Judy] It damaged his wall.

His wall didn't move.
His wall didn't come up on you.

And you were at home at the time.

No, ma'am. I was actually away.

Okay, so you didn't see what happened.

Not visually witness the incident.

-[Judy] Okay.
-Just the damage after.

-Who did?
-There were several neighbors.

Uh, one of my neighbors called me...

[Judy] You don't...you have no
witnesses here today.

I do not have any witnesses
with me today. They could not...

-[Judy]
Do you have a police report?

-Yes, ma'am. I do.
-I'd like to take a look at it.

[shuffles papers]

[Judy]
Thank you.

Accident happened on September 22nd.

Who's car were you driving?

It was my car.
My dad bought it for me.

-When?
-[defendant] Uh, last year.

-Um.
-[Judy] What kind of car is it?

20-..., 2012 Nissan Altima.

[Judy]
You have insurance on the car?

I have insurance.

Did you have insurance?
And you're going to tell me with whom,

'cause that she can check,

on September 22nd of 2022?

Yes, ma'am.

-[Judy] You did?
-Yes, ma'am...

-[Judy] With whom?
-Direct.

Okay, let me see
that you had insurance.

Do you have proof that you had
insurance on the car?

Well, I have the policy.

Were you current
on payments for the policy?

Yes, ma'am.

Okay, so you had insurance.

I'm just wondering why your insurance
didn't cover this accident.

-[scoffs]
-[Judy] I know.

What time did you hit his wall,
on the 22nd?

It was about 4:30, 4:45ish.

[Judy] In the afternoon?
-Yes, ma'am.

[Judy]
Where were you going?

I was on the way to pick up my uncle
to go to my son's football game.

Okay, so Miss Bingham, tell
me what happened.

I was getting off the interstate.

I turned right.
I was coming up to the light.

As I was going to the light,
I never seen the car...

[Judy] Go up to the chart and tell,
explain it to me.

Okay, so this is 28th.
I got off the interstate, this is me,

driving straight to the light.

As I was going straight,
just how it happened,

a car comes out from over here,
in Hadley Park.

It hits me.

It caused me to go left,
but I was in this lane.

I was in this lane.

It was gonna cause me to go
left and hit the cars in these lanes.

So I turned right,
and I ended up in his yard.

To avoid a collision.

Do you have photographs of
the rear damage to your car?

Um, it's right here, but you can't see.
I guess they cropped out most of it.

I want to see the damage
to the right...

-[plaintiff] If I may...
-driver side... yes.

I have some photos
that might be helpful.

[Judy]
I'd like to see them.

[shuffles papers]

[plaintiff] Uh, these are the car and
these are other vantages as well.

[Judy]
So, it appears that someone hit her car...

-Um-hmm.
-on the driver's rear panel.

[plaintiff]
Yes, ma'am.

-[Judy] And took off.
-Yes, yes ma'am.

-[Judy] Do you own this home, sir?
-Yes, ma'am, I do.

And there's no question that you
swerved in and damaged his property.

-Yes, ma'am
-[Judy] Okay.

Did you try to contact
her insurance company?

-[defendant] I did.
-You went home, you were called,

came from wherever you were from work.
You came home...

-Correct.
-[Judy] you took a look at it.

Car was still there when you got home?

Uh, no, ma'am.
She, uh, the car was removed.

My neighbor was able to put me on the
phone with Mi Keya and the police officer.

So I was able to get that information.

Immediately, when returning home,
I reached out

to submit the photos
that I had taken myself.

And submit the police report
after obtaining it.

It took, you know, quite a considerable
amount of time to get back with me,

but, when I reached out again
to understand the status,

they said that she's not liable and they
were not going to stand behind it.

Can I see what they sent to you?
Did they send something to you?

They did send a letter.

[Judy]
I'd like to see it.

Uh, I do not have that letter with me,
but I actually called to speak with them.

You said they sent you a letter.

-[plaintiff] Yes, ma'am.
-And where is it?

I don't have letter.
It was a denial letter.

[Judy]
That said it was not her fault.

It did not say it was her fault,
but they said they could not

uh, submit the claim due to,
I guess, the whatever...

insurance she had,
whatever coverage she had.

The amount of coverage.

Oh no, that's a different story.

You see, that's why I need the letter.

'Kay.

Either they said that they're denying
the claim because it wasn't her fault.

Or they're denying her claim because she
had no insurance to cover it.

The letter also indicated, of course,
reaching out to the company to speak

and to discuss it further.

So when I did reach out to the
point of contact on the letter,

to understand why
they weren't covering it,

the amount of coverage that she had
did not cover, I guess, property damage.

And that was an argument
between me and the company.

Well, how much did it cover?

-They did not specify.
-[Judy] How mu... oh...

They simply denied it and pushed it away,
and actually hung up on me, so...

There's no denying the car's there, right?

Ooh, yes.

No denying the accident.

[Judy] No, I do understand you.
Do you have homeowner's insurance?

I do have homeowner's insurance.

[Judy] Did you put it in
through your homeowner's insurance?

I consulted homeowner's insurance
and they suggested that I work this out.

Me personally, instead of taking the
hit on my homeowner's insurance,

as a victim of this accident.
So, I didn't see that necessary.

Well, Mr. Davis,
I sort of disagree with you, sir.

And usually, that's not the
position I take.

But if I am to believe Miss Bingham,

and based upon the evidence
that you presented to me,

it clearly demonstrates
that she was hit.

Her vehicle was a victim
of a hit and run.

Her vehicle was hit,
which caused this accident.

There is no indication anywhere in the
police reports that she was speeding,

that she went through a light...

Based on her own testimony she swerved in
my direction to avoid hitting other cars.

Well, wouldn't that be smart?

If her insurance didn't cover it,
your homeowner's will cover it.

My homeowner's covers that,
and that's a penalty for me,

and I'm a victim here.

-[Judy] So is she...
-She crossed over...

[Judy] Just a second. So is she.
She can't find the other driver.

-I mean, it would be different...
-That's, that's her responsibility.

[Judy scoffs] No, sir.

[narrator]
And later today...

-You would like the two kayaks back.
-Correct.

And when did you begin
storing them at the defendant's?

I brought them over the next
day after I bought them.

Okay, you acknowledge
the fact that the plaintiff,

who was then your friend,
brought them over for you to store,

you're not friends anymore,
she wants them back.

Why not?

[narrator] Jimmy Davis, claims
motorist Mi Keya Bingham

owes for damage to his house
after Mi Keya crashed into his yard.

That sounds smart.

-[plaintiff] It was smart...
-She didn't want to hit oncoming traffic

coming from the other direction...

It was not oncoming traffic.
She was in the same lane with the traffic.

If I am to believe her,

and your evidence showing that her car was
hit in the rear on the driver's side,

So I have no reason to doubt her.

There was no issue
of drugs or alcohol involved.

You weren't issued a citation, I assume?

-No, ma'am.
-[Judy] No.

Then, if her insurance didn't cover it,
your homeowner's will cover it.

-[plaintiff] Sure.
-And you should go thru your homeowner's.

My homeowner's covers that,
covers that, and that's a penalty for me.

And I'm a victim here.

-[Judy] So is she...
-She crossed over...

[Judy]
Just a second, so is she.

-[plaintiff] I under...
-If I am to believe her,

and I believe her.

So is she.

-I understand, uh, but...
-[Judy] So I think what you have to do,

is go though your homeowner's,
not Miss Bingham.

[Judy] She can't find the other driver.
I mean, it would be different...

That's, that's her responsibility.

[Judy scoffs] No, sir.

She is a victim of a hit and run.

She has no way,

unless it comes out of her pocket,
of compensating you.

-It came out of my pocket...
-[Judy] She has no...

-directly
-[Judy] No, she has no way,

unless it's out of her pocket,
of compensating you.

She has insurance.
You have no evidence to give me today,

as to why her insurance made a decision
that they weren't responsible.

You don't have that with you today.

And it could very well be,
as her insurance company determined,

that this accident,
while tragic, was not her fault.

She was, in fact,
a victim of a hit and run.

You were a byproduct of that.
So, I'm telling you,

go to your homeowner's.

Well, let me understand
correctly here...

What I'm telling you is,
use your homeowner's.

That's what I would do.

That's you. I mean a lot of other people
would have a different decision.

A lot of other people would
bring it to small claims court

and try to dispute that,
and that's what...

Well, that's what your doing and I am
telling you that you should use your

homeowner's insurance
because that's what it's for.

Typically, with car insurance,
there's property coverage...

You don't have, sir,
I'm not accepting your hearsay.

You have to prove your case to me.
You see, that's your burden.

You have to prove your case.

I have now made a decision
that the accident was not caused by her.

-[Judy] She was not...
-Not caused by her deciding to swerve

-into my property.
-Are you trying to talk over me?

Just adding a little extra context to it.

[Judy] It was not caused by
substance abuse.

It was not caused by speeding.

There was no violation given to her.
And according to you, she had insurance.

[Judy] So it's up to you
to show me why...

-Her insurance policy...
-[Judy] her insurance...

No, not her policy. Why you were
told her insurance didn't cover it?

You don't have that here.

In the event that you'd given me a
letter, and the letter said

she has liability
for a certain amount,

but it's not the $5000 that you're
alleging that it will cost to redo this.

She only had $2500,
well then I would say to you:

"Her insurance should kick in the $2500
and I'm gonna give you the other $2500."

You shouldn't be out of pocket.
I would do that...

-[plaintiff interrupting]
-If she determines to underinsure,

her liability so that she pays less in
insurance, then that's on her. Then...

The insurance company wouldn't
disclose all that to me.

They sent you a letter
and you don't have it.

-A denial letter and...
-[Judy] No.

That's what you're telling
me, that's hearsay, sir.

-Okay.
-That's hearsay.

It's not hearsay if you
bring it in to show it to me.

-Understood.
-So what I'm telling you is

this is an incident where, in my judgment,
you have two innocent people

who were both victims
of an irresponsible driver.

And if her insurance company,
for some reason,

and I don't know know what it is,

that's for her to take up with her
insurance company.

I don't know whether she's under insured
or they determined,

after looking at the same things
that I determined,

that the accident wasn't her fault.

So, you can't tell me what they wrote,
because you didn't bring that letter.

And we're talking about
something that you got a month ago.

-Understood...
-[Judy] Okay, good.

-I have a question for you.
-Then go through your homeowner's,

'cause your case is dismissed.
We're done.

[bailiff]
This court is adjourned.

The defendant says she chose
to drive into my house

instead of hitting another car.

Both are equally as dangerous
and that cost me.

I didn't want to hit
five or six other cars.

So, I just did what I thought was best.

You know, I found out because
it's a very public street,

uh, many people know that
community, so people reached out.

It was just, everything
happened so fast.

I can't explain it.
Energy was just, like, I'm stuck.

You know, my car just got
stuck, and I was just like, hey...

... I'm just glad I didn't hurt
anybody else.

Because they saw that it was a
very horrible accident.

That's all. I was happy I was still here.
Not the car, not the house, me.

I'm glad I'm still here
to hold my son.

You know, the plaintiff
really hurt himself

with those photos of the
defendant's car.

And he didn't even notice.
I don't think he even notices still.

[scoffs] But she had
no proof in front of her.

No papers, no photos
of what her car looked like.

So she would have no way of showing
that the accident was not her fault.

But he proved at the accident was not
her fault, based on the photos of the car

and just the situation in which
her car got hit.

But that's the reason
that people have insurance.

So, I agreed with your sentiment about
"use it", that's it's entire purpose.

And I think that if he would
have come in here and said,

"Okay, I will put it through insurance,
but I have a $5000 deductible."

I felt like you would been more
inclined to give him a portion of that...

-Yeah.
-Since neither of them were

-really at fault. They were both
-[Judy] Right.

victims of a hit and run. But I would have
respected that more if he had chosen to

use his own homeowner's insurance

-as opposed to going
-Right.

after another victim.
She wasn't at fault, and he knew that...

She really wasn't at fault.
She really wasn't at fault.

And as we discussed a moment ago.

The suggestion that
she should have gone into the,

-[scoffs]
-to the left,

where there was oncoming traffic,

rather than veering to the
right and hit some thing...

-Yeah.
-that was a stationary object...

It was definitely the safer option,
and in that split second moment...

-[Judy] Yeah, she made...
-She was lucky she made that decision.

You never know, someone could
have lost their life.

[Judy] Right.

Case 2153, Fallis versus Maisenbach.
All parties please step forward.

[narrator] Elizabeth Fallis
is suing her former friend,

Kristi Maisenbach for two kayaks,
and an as*ault.

Miss Fallis, it is your claim...
you and the defendant were friends?

-Been friends for a while?
-[plaintiff] Yes.

Your allegations are twofold.

First, you say the defendant
assaulted you after a party.

Mmm, yes.

[Judy] You weren't injured
as a result of that as*ault.

You didn't seek
medical attention but,

you said that you had some
scratches and that she hit you.

-Yes.
-[Judy] Okay.

So she was on top of me.
I was scratching, hitting,

pull... just trying to get away.

I don't think
she really remembers everything.

And it just happened so fast.

But I was finally able to leave get out of
the home with my daughter safely.

Okay, bad behavior.

I agree.

-Bad behavior?
-[defendant] Mmm.

[narrator] Elizabeth Fallis
claims her former friend,

Christie Kristi Maisenbach owes
for two kayaks, and an as*ault.

There was no medical treatment.

There was some drinking
that went on that night.

-Yes.
-[Judy] But the thrust of your complaint

is that you gave the defendant
two kayaks that you had purchased.

-Correct.
-Because the defendant

has a piece of property,
and you didn't have a place to store them.

And you asked if you could
store them at the defendant's home.

-Correct.
-[Judy] She said "yes".

You're no longer friends after this
"kerfuffle" that took place after a party.

-And you would like the two kayaks back.
-Correct.

When did you purchase them?

-I bought them on April 29, 2020.
-From whom.

This lady and her mother were selling
them on Facebook Marketplace.

They were moving out of state and
and her mom couldn't take them with her.

So, um, I have the messages of
those two but I bought them on Facebook.

-[Judy] And how much did you...
-Um, $320. Or $350, sorry.

-[Judy] For both of them or each?
-For both of them.

And when did you begin storing
them at the defendant's?

I brought them over the next day
after I bought them

'cause I live in an upstairs apartment.
I had nowhere to keep them.

So, she has a house that she lives
in so it was a better situation for them.

Where are you living now?

I still live in an upstairs apartment.

Where are you going to
put the kayaks?

I was planning on storage,

or maybe find a family member
who has a home to take them to.

But to basically probably buy a storage.

That's pretty expensive
to keep them in storage if...

...you paid $350 for the two of
them two years ago.

Have you used them in two years?

I bought them this year this
April, 2022.

-[Judy] Oh, 2022.
-Sorry, yeah, '22.

Okay. Have you used them?

Yeah, I use them,
I use them often with my daughter.

She's five and autistic.

[Judy]
Have you used them with the defendant?

-No.
-Have you used the kayaks?

Uh, personally I have not yet.
I haven't had the chance to.

[Judy]
Just to say, you have not.

I have not yet, no.

Okay, you acknowledge
the fact that the plaintiff,

who was then your friend,

brought them over
for you to store.

You're not friends anymore,
she wants them back.

Why not?

Um, so, I would like to kinda
go back to the beginning.

Where, like the as*ault happened.

Just so that you can kind of,
like ex... uh...

[Judy]
I'll, I'll get to this. The as*ault is,

the as*ault is not the
important part of this case.

Okay. Um, so the kayaks,

originally, it was a deal that
if I was to keep them at my house

that we could both use them.

When she wanted them back I just
didn't necessarily feel like that was fair

because the original agreement was that,
um, they were kind of almost both ours.

I just didn't have the
opportunity to use them yet.

Okay. All right.

Well, now you're not friends anymore.
Now she wants them back.

So she's going to pick up
the kayaks within five days.

if you don't pick them up
within five days...

you're out of luck.
Do you understand?

-I understand.
-Okay.

Good, so within five days from
todays date we'll prepare an order.

You can pick up the kayaks.

Now, you want to proceed with
the as*ault part of your case?

-Yes.
-[Judy] Okay.

Show me pictures of what the
injuries were that you sustained.

I don't have any photos.
I had a different phone at the time, and...

[Judy] Just a second.
So you don't have any photos.

Do you have any medical reports?

-I don't.
-[Judy] Okay.

This alleged as*ault
happened on what date?

Um, it was August 17th, 2022.

Were you both out that night or
were you having a party in a house?

So, how, what happened was her girlfriend
had cheated on her and they broke up, and,

she invited me and a couple
other friends to the home,

where we were there,
my daughter was also there,

where we were hanging out,
we were talking,

trying to have a good time because
she was having such a bad time.

And, um, I ended up falling
asleep at some point.

I went to go sleep
with my daughter in the room.

Everybody had left,
maybe around 12 P... 12 AM.

And she came into the room
wanting to talk,

wanting someone to be there with her.

Um, I was asleep.

I'm not a very happy person
to be woken up, too.

So, I told her
"No, we'll talk in the morning".

She wasn't okay with that.
She started getting mad.

So, she started getting upset,
and my daughter was next to me.

So it was like,
"Well, then I'm gonna leave".

And so I tried to walk out.

She grabbed me,
she threw me to the ground.

Um, she's stronger than me.
So, she was on top of me.

I was scratching, hitting, pulling...
trying to just get away.

My daughter was screaming and crying.

Um, she's autistic so she doesn't really
understand what was going on,

but she was highly upset.
She was screaming "No!".

And, I was eventually able to like,
get up and try to leave.

She followed me to the garage. Um...

I just tried to push and push
and tried to just get away from her, but,

I don't think she really remembers
everything, and it just happened so fast.

But I was finally able to leave and get
out of the home with my daughter safely.

Okay, good. Okay, bad behavior.

-Bad behavior.
-I agree.

-Bad behavior?
-Mmm.

[Judy] Okay. [sighs]

I wish I had a photograph.

Okay, within five days
pick up your kayaks.

Are we done here?

Can I explain my end, or no?

-What?
-Can I explain my end, or no?

You did explain your end.

You said you didn't think it was fair

when she wanted
her kayaks back because

"We were going to use them together".

-Hmm.
-But now you're not

going to use them together
'cause you don't like each other anymore.

-Hm-hmm.
-[audience chuckles]

[Judy]
So, you're not going to use them together,

so she's gonna get 'em back.

-All righty.
-Great. Perfect, thank you.

[bailiff]
This court is adjourned.

There is a lot more to the story
than happened, but, unfortunately,

I guess, the best outcome would be to just
go ahead and give her back the kayaks.

-So...
-It shouldn't have gotten to this point.

I should have got them back
after the incident. Should have...

We're adults.
It should have went way smoother.

There was a lot more, um, insult that
happened, like on both ends.

Um, it wasn't necessarily
the whole full truth.

I think she's just going
through a lot, um.

With whatever she's going on
with her ex, and just,

I feel like it got taken out on me.

'Cause we were like sisters
before and things just kinda...

...you know, go south and unfortunately,

I, you know, we lost our
friendship over that so...

We've been friends
since middle school so I don't,

I don't know what the future holds,

but I hope maybe one day
we can talk and we can work things out.

Only time will tell.

I think probably the only thing
that bothered me in that case

was what the five year old was doing out
at midnight at a party where people...

-you know, at a gathering where people...
-Yeah, a break up party.

A break up, break up party.
[laughs] Easy case.

-Yeah.
-[Judy] Easy.

-She paid for them.
-[both] She gets them back.

-[Judy] Yeah.
-[Sarah] Yeah.

[narrator]
Are you the victim of an as*ault?

Go to Judy Justice.tv