Legal Question in Civil Litigation in California

Re: Spider Guy

The facts as stated indicate that your wife has a claim for negligence at the very least. It is not clear from your description whether the "spider guy" actually knew your wife was "weeding" next to where he was spraying. If he was, I agree that there may be a claim for assault and battery. YOur claims are against the "spider guy" and his company. We would also want to know if his licenses are current and, if a company, whether it is in good standing with the state. Additionally, there may be liability on the part of the neighbor who hired the firm to do the spraying and, if he has homeowner's insurance (one would think so), a claim should be made with his carrier. I would be happy to discuss the matter with you at your convenience. Incidently, depending upon how your wife has been affected and to the degree those effects cause her to be unable to particpate in the marital relationship (sexually, emotionally, carrying out her normal duties around the home, etc,) you may also have a claim. Please feel free to contact me at (310)559-9445. Best wishes for your wife's speedy recovery, the Easter/Passover holiday and a return to normalcy.

Re: Spider Guy

1 A complaint with your local police and/or DA's office, and

2 A lawsuit for battery, intentional and negligent infliction of emotional distress, as well as good old negligence will suffice against him and his employer.

Re: Spider Guy

I'm not one to jump at lawsuits unless there's damages. I would send the guy's company a certified letter, return receipt (keep a copy of the letter), informing them of the incident, and asking them to send you the name and address of the insurance company and to send your letter to their insurance company. That way, they cannot say they never knew about it. Let's hope your wife doesn't get ill from this nasty guy's actions. -Robert F. Cohen, Esq.

Re: Spider Guy

from the facts given, this person would be liable to your wife for any personal injuries sustained by his negligence. your wife would be entitled to any medical and/or pain and suffering damages she has incurred due to this tortious negligence. if you would like further advice and/or legal representation, email our firm today with additional details.