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The Law Frog on KILO 94.3 – August 24, 2022

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

McDivitt Law Firm Frog

June 15, 2022

Legal Issues Covered This Week

Caller: In April 2021 a man came to my place of work and threatened to shoot me if the debit card I ordered for him did not arrive in the timeframe I provided for delivery. I decided to press charged and the trial did not start for this until March 2022. In June the deputy to the DA called to notify me he was dropping the charges, citing insufficient evidence, and no imminent threat of danger, even though I had witnesses. I have seen him in public, I fear for my safety and have developed PTSD. Is it worth it for me to hire an attorney and pursue these charges?

David: This is a sad and unfortunate case. I am surprised the DA dropped the charges given she was willing to testify in court. The timeline of the case also does not make sense to me, and I have some questions there. Hiring a lawyer in this case would only be a civil matter, since the DA has determined there is nothing criminal. There are a few avenues to try here and I would recommend consulting with a lawyer to determine if any statutes of limitations bar a civil claim. In addition to suing this individual for harassment or endangerment, you may be able to file a claim with your employer as they did not take your claims seriously or adequately help protect you.

Caller: While training to use a utility bucket, Terry fell 15 ft, broke his pelvis and needed to be airlifted.David: Terry has a strong WC claim. Whether the trainer did something wrong, gross negligence, or otherwise it sounds like Terry is definitely entitled to some moneys. Since the trainer was hired as a third party through his company he also has the potential to sue the third party. Some law firms will handle a WC claim, but not a claim against a third party. Vice versa, some law firms will handle the third party claim and not the WC claim. Right now it sounds like there is nobody advocating for you on the third party claim, but you are getting help from your employer. Please speak with someone about exploring a third party claim as you will be ineligible to bring forth a suit years later.

Caller: Nick’s cat was loose and wandered into his neighbors garage where the neighbor’s dog was. The dog chased the cat out into the street where the dog was struck by a vehicle and did not survive. Nick is being sued as being responsible for his neighbor’s dog’s death. David: I would love to see a copy of the lawsuit. I know this makes a lot of people upset, but in Colorado dogs are considered personal property. Even if the lawsuit were successful, the value they would receive is the cost of the dog. I doubt they will win this claim.

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