Legal Question in Real Estate Law in Illinois

I am suing a girl in small claims this friday. I just found out she has a lawyer. I am suing her for $3000, the cost of new dj equipment and a computer.

SITUATION:

I am a DJ and I was spinning at a local bar in a dj booth with my friend. A girl with a couple drinks was at the bar when I was ordering a drink. We talked for a minute and she followed me up into the dj booth. I walked up the stairs to continue to DJ. She walked up the stairs and tripped on the top step spilling her drinks on both my turntables and computer. I believe she is guilty of negligence. I don't believe that I should have expected her to act in that way. Her attorney says that since she was an "invited guest" in the DJ booth that it was my fault. I have no contract with the bar, it was a gig I got set up with through the manger and get paid cash. She was also underage, however she had a fake Id she used to get a 21 year old wristband. Am I wrong to be suing her for the damages she caused?

Can he ask for lawyer fees in small claims? What do I need to bring to court besides receipts for the items and my wtiness?


Asked on 7/12/11, 2:12 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

This is not a real estate or real property question, which has to do with land and structures. You might want to repost in a more appropriate category.

That being said, it was nice of the attorney to give you his entire defense strategy. You need to counter this, as well as prove your damages, and her liability to you in causing those damages. I would suggest you hit the books, or at least google, if you are determined to proceed pro se. From your question, it does not appear that you invited her, and in fact, since she was not old enough to drink, she should not have been there, nor should she have had the drinks to spill. I would think the attorney would not want his client admitting to committing the crime of underage drinking and providing false identification on the stand.

Read more
Answered on 7/12/11, 2:43 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois