Re: Personal injury slip and fall

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On 9/20/06, dave wrote:
> 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?