Legal Question in Personal Injury in California

wrongful lawsuit

A carpenter on a job my husband worked, fell off a scaffold (that he himself set up) and sued my husband as well as the homeowner, stating my husband was the contractor on the job, even though the homeowner and my husband stated otherwise. My husband was an hourly employee and never has been a contractor. We had to hire an attorney because this guy purgered himself over and over again. Then when the court was ready to rule, his attorney would ask for a continuence. Now, after many months and over $30,000, the courts agreed with the homeowner and my husband. This lawsuit cost us dearly. This was money we didn't have. We are in trouble, financially because this guy lied. Do we have any recourse against this guy. He lied in his depositions and to the court because he thought he could sue someone for a million. We can't afford to keep the attorney we had to hire for this lawsuit to see if we could get the money back from the homeowners insurance. We are between a rock and a hardplace. What recourse do we have? We need to repay the money we borrowed to pay for this lawsuit or we will lose our home. My husband had retired and was on his way home when this guy fell. But because of this guys lies, we are in financial ruin.


Asked on 2/26/07, 7:51 pm

2 Answers from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: wrongful lawsuit

If your husband was working for the homeowner at the time, you have a claim for indemnity against the homeowner and/or the homeowner's insurer. Based on the favorable outcome of the 1st action you have a malicious prosecution action against the carpenter. You should be able to find an attorney who will handle these matters on contingency (i.e. a % of your recovery, if any) if you choose to pursue either or both options

Read more
Answered on 3/03/07, 12:52 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: wrongful lawsuit

Its a bit unclear, but didn't your husband have insurance? If so, they should have defended him. If not, he is probably out of luck.

As far as suing the other party, you could, but my guess is that he has no money to pay you back. If that is the case, you would incur more debt and still not recover the money.

Read more
Answered on 3/03/07, 9:59 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California