EDMOND —
EDITOR’S NOTE: This is a weekly series of columns written by attorneys at Lester, Loving & Davies law firm in Edmond.
Q: What is a counterclaim?
A: When a plaintiff files a lawsuit, he states his claim against the defendant. If the defendant believes the plaintiff is somehow indebted to her, she files a counterclaim against the plaintiff. This process allows courts to handle all disputes between the two parties in one lawsuit. Some counterclaims are compulsory — unless they are filed in the existing suit, they forever disappear. Other counterclaims are permissive — while they may be included in the lawsuit, failing to assert them will not bar them forever.
Two summers ago, I was hauling furniture in a box van. Because the van had no air conditioning, I quickly became very hot and eventually very tired, and ultimately gave in to the urge for a cold beverage. I stopped at my favorite drive-in restaurant. The establishment had wisely and very clearly posted that its awning is exactly 10 feet off the ground. As it turns out, the manufacturer of the moving van failed to take this fact into consideration, and made the van 10 feet 1 inch off the ground. So yes, in my dehydrated stupor I managed to wedge my vehicle under the awning, causing a 6-inch rip in the sheet metal. The restaurant had a tort claim against me that it could pursue in court.
I gave my name and number to a nice carhop, waited 10 minutes for my beverage, and left feeling stupid but glad to have a drink. Twenty minutes later, my moving van was surrounded by police cars. An employee at the restaurant, concerned that she had not done everything her boss would want, called the police and reported my collision with the awning as a hit-and-run. Now, I knew I had not committed a hit-and-run. I had given my name and number and waited 10 minutes for a drink. That’s a pretty slow hit-and-run. But the police were unconvinced until the carhop finally admitted that I had given my information before leaving.
The restaurant could have sued me for negligence because I carelessly damaged its property. I could have, theoretically, stated a counterclaim against it for defamation (falsely claiming I had committed a crime), and perhaps wrongful imprisonment (causing me to be detained without cause). Fortunately, we worked it out without considering a lawsuit. And I continue to enjoy the establishment’s excellent beverages. Just in a shorter car.
MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to questions@lldlaw.com.
Local News
Attorney explains counterclaims through personal experience
- Local News
-
-
UPDATE: At least 51 killed by tornado in Moore
A large tornado ripped out sections of Moore Monday afternoon leaving a path of destruction of wrecked homes and businesses, according to the Oklahoma Office of Emergency Management.
-
UPDATE: Tornado damages 12 homes in Edmond
Twelve homes were damaged in the Edmond area by Sunday afternoon’s tornado. Major damage impacted three of the homes while the other eight homes had minor damage, said Matt Stillwell, director of the city’s emergency communications and management.
-
LIVE BLOG: Massive tornado hits south of OKC
A massive tornado touched down Monday afternoon in Moore, Okla., just south of Oklahoma City. Follow live coverage of the aftermath of the storm.
-
Mercy: Tornado damage delays Edmond opening
Damage from Sunday’s tornado will delay the grand opening of the Mercy Edmond I-35 campus by about six months, an administrator said. It had been scheduled for a July grand opening.
-
What you need to know about preparing for tornadoes
Tornado survivors and seasoned observers suggest people do two simple things to prepare for tornadoes: Know where to take shelter, and move quickly when the time comes.
-
Touch-a-Truck event draws hundreds
The 2013 Touch-A-Truck event took place Saturday at the University of Central Oklahoma campus. The event was sponsored by Edmond Electric, and all donations went to the HOPE Center.
-
5-21 Found Pets
This is a list of animals that have been found and are at the Edmond Animal Shelter, at Interstate 35 and Covell in the Cross Timbers Municipal Complex. Call the shelter at 216-7615 for more information.
-
City Council plans for budget increases
The Edmond City Council agreed Monday to a 6 percent budget increase for the next five fiscal years. The council met in a special budget workshop Monday morning. Fiscal Year 2014 begins July 1.
-
More than 120 from OC serve on summer missions
In the past year, Oklahoma Christian University emphasized “OC is Home” as a key theme to begin John deSteiguer’s tenure as president.
This summer, more than 120 students, staff and faculty are leaving the comforts of home to serve and spread the Gospel in around 20 countries, showing that “OC is Mission,” too.
“We are motivated and encouraged by the pure hearts for service that so many OC students have,” deSteiguer said. “We commend them, as well as our many faculty and staff who exemplify OC’s Christian mission to spread the good news and serve others.” -
FAI calling all pets for ‘Pets in the Park’
Animals now get their turn to connect with the activities at the Fine Arts Institute of Edmond with a new event, Pets in the Park, from 11 a.m. to 2 p.m. June 1 at Mitzi’s Park, 27 E. Edwards. Registration for the pet parade and art contest will begin at 10:30 a.m.
- More Local News Headlines
-
UPDATE: At least 51 killed by tornado in Moore
RAW: Moore, OK tornado touches down near school
Okla. tornado survivor finds dog buried alive under rubble
Robert Pattinson Moves Out
RAW: Russian dash cam catches car 20 feet in the air
Oklahoma tornado survivor: "Everything is gone"
Khloe Lashes Out at Kim Kardashian's Critics
Couple Argues As Woman's Lover Crawls Out Window
RAW: Brad Paisley Forgets Lyrics To His Own Song
Justin Bieber Gets Booed
RAW: TV Staff Take Cover From Tornado
New 'Anchorman 2' Trailer, Drake Joins List of Rumored Cameos
Eva Longoria's Wardrobe Malfunction
Heat Star Dwyane Wade Surprises Coral Gables Teen At Prom
Steak n' Shake waitress scores huge tip
Singer Miguel Accidentally Lands on Fan At Billboard Music Awards
Celebs Celebrate the Rise of the Side Butt
Grizzly bear gets up close and personal with camera
Justin Bieber Gets Booed After Winning at the Billboard Awards
Tornadoes, Storms Strike Midwest
Singer forgets lyrics, makes up words to National Anthem
