Posted by dave on 9/20/06

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I have been having problems with my neighbor for the past
year and a half. He works for the company that grades are
roads of ice and snow and we both live at the end of the
cir. Back in Dec.05 we got hit by freezing rain, at the
time his company had not plowed his driveway like they
have done in the past years and then they would back up
and plow my side of the road (no big deal) but like I said
we where having problems with the neighbor and he works
for them. Now back in Dec. his company started to plow his
driveway and stopped doing my side of the road that they
hold the contract to do, leaving my side a sheet of ice.
Frist time I thought that they just came out to do his
driveway at his request and made a quick pass on the road
out missing my side. A week or two later more freezing
rain, Grader came out and graded his driveway leaving my
side a sheet of ice again, I seen the grader as he was
leaving not knowing that he had not done my side of the
road and I have a steep up hill driveway that I plow with
my plow truck and let the grader do the roadway as it is
in his contract to do so and I had salted my driveway
before the grader came out. I then left to pick up my wife
from work, got up my driveway with no problems then I hit
the roadway and was stuck from the ice that they did not
grade on my side of the road again, I then got out to see
how I was going to get unstuck and fell on my back giving
me a herniated disc in my lower back, not knowing this at
the time I salted the road and was able to get back down
my driveway. I then called the owner of the company and
told him that he was to grade the whole roadway (my side
as well as his employee's side) like they had allway's
done in the past few years. I then made my way up and on
the road and seen the grader driver and told him the
samething and this had better not be in retaliation from
my neighbor. The following day I called the road
maintences people about is and was told that they would
put a stop to it. 3rd time it snowed,Grader came out and
did the samething again I then called the road maintences
again they came out and took some pics and said that this
is going to stop now and I had informed her that I'm
disabled and I need a clear roadway both in and out as I
did to the grader company and as a resolte of this fall I
have been going to a physical therapy since for my back.

As I understand by the tort law is.
1. The existence of a legal duty owed by by a person to
others
2. Thebreach of the duty by one person
3. The breach of the duty being the "proximate cause" of
damages suffered by a person
4.Damages incurred by a person most be contain all of
these elements for a tort lawsuit

What are my chances of this going to court and with the
ADA rights for the disabled for there negligence for not
doing there proper service of grading the whole roadway
and causing me to fall when I could see that they had
plowed his side of the road from the teeth marks from the
blade and my side was glare ice?

Re: Personal injury slip and fall, 9/21/06, by dave.

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