Crash Out

0:00 Plaintiff Janae Geiger says she was close to the defendant [music]

0:03 until she allowed him to borrow her car and he crashed it.

0:07 Janae suspects her cousin had sex in her car because [music] she found

0:11 condom wrappers and today she wants him to pay for the damages he caused.

0:16 Defendant Jamar Kimmy says Janae asked him to use her [music]

0:19 car to drive her to work and Jamar admits he wrecked

0:22 Janae's car because the weather was bad but he refuses

0:26 to [music] pay for the damages since she asked him to drive.

0:29 Tell me what happened.

0:31 Well, I believe that that during the day that he crashed my car

0:34 he was having sex with someone in my car and the reason why

0:38 I know that when I went to go drop the car off

0:40 the lady told me to get anything out of my car that I needed.

0:43 When I went to go get it I seen a condom wrap in there and it smelled like sex.

0:48 So, I'm assuming that he was having fun in my car.

0:54 [laughter]

0:53 Yes, I did.

0:54 Yes, you did.

0:55 You I smelled my and like it it felt something I um You know,

1:00 I had odor like car fresheners in my car and it smelled like that.

1:03 Smelled like something else.

1:05 Did you call him on it?

1:06 Yeah, I did.

1:07 I I told him about it.

1:08 I Well, he went to pick me up in the car.

1:11 Her car smell like that when she gave it to Oh, no it did not.

1:14 So, her car smell like that when she gave it to

1:16 No, what So, what did he got to say about the condom wrap?

1:18 I mean, where did that come from?

1:19 heard what happened.

1:20 Yeah.

1:21 Well, the day of January 25th,

1:23 2007 he borrowed my car to take my mom shopping and to pick me up from work.

1:29 The day that he picked me up for work on that night I got off at 8:00.

1:32 I waited for him till about 10:00.

1:34 I look outside my car is in a wreck.

1:36 It's what?

1:37 My car was in a wreck.

1:38 The The passenger side all it was like messed up.

1:42 Yes, and the back side of the of the car.

1:44 It was two places.

1:45 Then what?

1:46 I'm crying.

1:46 I'm screaming.

1:47 I'm hollering like what did you do to my car?

1:49 He was like, "Oh, we we going to take care of it.

1:51 I pay you $100 every month." I'm sorry.

1:53 Every every Monday of the week he's going

1:55 to pay me $100 cuz he get paid every week.

1:57 I take the car right to the car shop the next day.

2:00 I gave him the estimates.

2:01 Let me see your estimates.

2:03 Sir, what do you want to say about this?

2:05 Sorry.

2:05 First of all, I didn't say I pay $100 a uh a week.

2:09 Tell me what happened, bro.

2:10 Uh first of all, that's my cousin and I love my cousin.

2:13 I love like a sister and I and I do anything for her.

2:16 That's why I can't believe I'm standing here

2:18 and she's standing here telling all them lies.

2:20 ask to borrow her car?

2:21 to borrow her car.

2:22 She asked me could I take her to work

2:23 because she couldn't drive her car to work.

2:25 Why couldn't she?

2:26 Cuz some guy she was messing with threatened to trash her car.

2:30 That's a lie, your honor.

2:31 I don't mess with nobody on my job or anybody that's in my job.

2:35 so, this is a cousin you love so much.

2:37 Yeah.

2:37 Did you advise your cousin that if you're threatened on the job,

2:41 you might want to go to the supervisor or the police?

2:46 She been dealing with this guy.

2:47 She know this guy.

2:48 I don't know what's going on.

2:49 She told me she couldn't drive her car to work.

2:51 I said I'd drive.

2:52 She asked me could I take her to work that day.

2:54 I said I'd take her.

2:55 She asked me the the night before.

2:57 Did you go anywhere else with that car?

2:59 Uh she gave me a list of things to do.

3:00 I took her mother to the market.

3:02 I picked her son up from preschool.

3:04 Then I parked the car outside her mother door.

3:06 So, how did you get in an accident?

3:08 Well, it was a it was it was January.

3:12 It was a bad storm all that morning.

3:15 It was the Where do you all live?

3:16 What city?

3:17 I live in Philadelphia but we're in Passtown.

3:20 Okay.

3:20 And she live somewhere that she work somewhere like it was in the woods.

3:24 And the roads were slick.

3:26 It was snowing.

3:27 It was like sleeting and it's real bad and it was dark.

3:30 So, I lost somehow I'm going down the road and it just

3:33 the car starts spinning and I lost control and I hit the the rail.

3:38 And the front of her car in the back and it was like wobbling.

3:42 It was moving real slow.

3:43 So, when you got there to her place

3:45 of employment to pick her up, what did you say?

3:48 I said I got into accident.

3:50 What was her response?

3:52 She she's she just started crying immediately.

3:55 And she's like, "What what you going to do about it?" She screamed,

3:57 "What you going to What you going to" So,

3:58 I'm like, "I guess I'll I guess I'll pay for it.

4:02 Whatever Whatever the insurance doesn't cover." So,

4:05 when I said that I would give her $100 each Monday, that was the premium.

4:10 Whatever

4:11 Ma'am, He just lied.

4:13 Was your car insured?

4:14 Yes, it was it was Well, how much is your deductible?

4:16 How much you have to have collision on the car at the time.

4:19 I just had a liability.

4:20 It's not insured then for the purposes of which I'm asking.

4:23 I'm sorry, no it wasn't.

4:26 Did he say what he just said?

4:28 No, he said that he was going to pay $100 every Monday.

4:31 That was it.

4:32 He didn't say anything about the deductible.

4:34 All of the damage?

4:35 All the damage.

4:36 Was it in January?

4:37 Yes, January 25th.

4:40 What did he say happened?

4:41 What did he tell you happened?

4:42 He said just what he said.

4:43 He said it it was slippery.

4:45 The roads were very slippery.

4:47 He was trying to turn and it spun out of control and he hit the the railing.

4:51 Do you believe that's what happened?

4:54 I believe he he was joyriding in my car.

4:57 Like having fun in my car cuz it took him Having fun and what occurred?

5:01 What do you speculate occurred?

5:03 I don't know.

5:03 I don't know.

5:04 Maybe he was having fun, wasn't paying attention and hit something.

5:08 I didn't When I rolled past there when I got finally got my car back,

5:11 I didn't see no scrapes or damages.

5:13 I didn't even see pieces that fell off the car nowhere.

5:16 The problem you have, ma'am, is you admit that the roads were slippery,

5:23 that it was snowy, and that you have no other evidence that he was negligent.

5:29 And part of him driving the car, by your own admission, was to benefit you.

5:34 And the law is, and people must know this before they allow people

5:38 to start driving the cars and doing things for them in their car.

5:43 If he was not negligent and something happens, he doesn't owe you.

5:50 It's like not his fault.

5:52 You can't be responsible for something that isn't your fault.

5:59 And in the case of doing something for someone else's benefit,

6:04 not only do you have to prove negligence, you have to prove gross negligence

6:08 because you're benefiting from what he's doing.

6:15 Fortunately for you, he agreed to pay some of it.

6:20 Sir, I'm going to order you to pay half because if you

6:26 agreed to pay the deductible and there is [clears throat] no deductible,

6:32 then then you must pay something.

6:35 Then there's nothing to pay.

6:37 Yeah, you agreed TO PAY SOMETHING.

6:38 YOU AGREED TO PAY SOMETHING.

6:40 YOU agreed to pay.

6:41 That means you had an intent to pay.

6:45 That's only cuz she was crying and I can't Whatever the reason.

6:50 BUT YOU AGREED TO PAY SOMETHING.

6:51 After she pressured me to to agree to pay.

6:54 Whatever reason.

6:56 You did.

6:58 And I think you're a good man for and I think you should keep your word.

7:03 $1,500 is the adjustment.

7:05 Have a good day.

7:08 [applause]