Fictional Civil Court Experience

By Peter S.

The Incident

Last year my brother James was riding the bike across an intersection and he was crossing where the cars were not traveling but the way was clear so George made a right turn on red, which is legal, but he didn't see my brother there since he was talking on his phone. So as George turned he turned right into James. James was perpendicular to the car and when George hit him his leg hit the grill of the car but the rest of James’ body fell on the hood. It was a light accident but James is a skinny 15 year old so he fractured his left leg bone and ripped a tendon in his left knee.

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My parents and my brother James started a Lawsuit after he got better. As the Plaintiff he filed a complaint in which the Defendant was George for Compensatory Damages. A week later the court informed our family that George was called in for a summons as well as the witness who took a picture on his phone of the accident. When George and the witness came to court they were questioned by our lawyer. As he saw that this was no joke he got an attorney. Then we sat down in a private room with the judge to have our Pre-Trial Discussion. We gathered all of our evidence and my brother’s lawyer formed a pleading. Then the judge asked my brother and the Lawyer if we could settle this lawsuit through mediation and through arbitration. But James did not want either. After our two hour session, we had a small break and then our trial began. The trial was rather short because we had a good Preponderance of Evidence. James showed the judge the x-ray pictures of the compensatory damages and the witness showed her picture of the accident and George was in the picture in the damaged car. This evidence made the judge decide the verdict right then and there, that George was guilty. Through the court case James won and George had to pay for the hospital bill, for the court fees, and to replace the bike. But since the trial was short George was not satisfied and he demanded an Appeal.