I HATE it when people park in front of my garage and block me!!!

by Elsewhere 31 Replies latest jw friends

  • Elsewhere
    Elsewhere
    Finally they moved out and a sweet single mom started parking in my space from time to time. Her young daughter had terminal cancer so I didn't say anything to her. It was so sad....that sweet little girl would come talk to me bald from the chemo and she had her arm amputated due to the spreading cancer.

    Damn... I wouldn't have the heart to complain. Hell, I might even give them the space while I payed for it.

    Of course if I found out that they were lieing... all hell would break loose (see recent cases where this actually happened).

  • Aude_Sapere
    Aude_Sapere
    $70.00 a month.

    Boy, I'd be hoppin' mad.

    Can the management company help you with this trouble. Perhaps they can fine the offending party(s).

    Wouldn't they fine offenders who were too noisy or who threw trash around the yard? The same corrective action should be taken for parking offenders. IMO

  • Aude_Sapere
    Aude_Sapere

    For what it's worth, I now have new offenders blocking my garage.

    I am generally cordial with my neighbors, always say 'hi' but when they block my garage, i'm not so nice. I gave the new ones a stern look and verbal warning: 'Don't park here' (Their garage is next to mine but they don't block their own gargage, just mine). They still leave the car there sometimes but usually leave someone - often one of the kids - who keeps a look-out for me! They move the car just as I am pulling up to the door.

    The ones who use my parking space without asking, are very prone to towing. I'm about to program the tow company's phone number into my cell phone.

    I feel your pain!

    -Aude.

  • Elsewhere
    Elsewhere
    The ones who use my parking space without asking

    I have offered to let others (Yeah, she was a cute little hottie too ) park their car in front of my garage after their own space was taken by someone else.

    Even though I never got her to go out with me I always loved crossing paths with her to hey a friendly "hello". *** Drifts off into dream mode ***

  • TresHappy
    TresHappy

    That little girl was so brave. She would go everywhere bald, said her wig was too hot. I bought her a cute scarf and she would wear it around me saying it was the prettiest she had. She would tell me I was a nice lady. When I told her I was getting married, she was so excited. Sadly, she passed away right before I walked down the aisle. She told me she'd be at the wedding, looking down from heaven!

  • Oroborus21
    Oroborus21

    Hey outoftheorg:

    In his situation, no because there isn't any clear indication that the person who parked somewhat or even totally in the driveway INTENDED to "confine" him. (In your situation, I think you may have had a claim because YOU TOLD her not to park there that it was in the way and she deliberately and with intention parked there.)

    As for the line scenario, remember this is an "intentional tort" so since you did not intend to block the person's path with the intention of depriving them of their mobility there is no tort. Additionally, in many social situations, there is some leeway for what can be expected! A person can't allow themselves to get strapped into a rollercoaster and cry confinement afterwards, a person can't complain about "battery" when the crowded bus stops suddenly and the guy next to her bumps her.

    The basic elements for the tort are:

    1. Intent of the Defendant to deprive the person of mobility

    2. Actual confinement, no matter how slight or how "strong"

    3. Knowledge by the Plaintiff that he/she was so confined

    4. The confinement was unlawful

    That is all that is required for the Tort itself but the question of damages is always an issue. Even if one has been wronged if there is no harm from the wrong (i.e. usually monetary damages or physical harm) then the Courts say "no harm, no foul"

    I know it is hard to fathom but the fact that there are alternative routes, escape or that they are a black belt and could blow right through you or superman who could break the chains that hold them are all non-issues.

    You have to think of it as the person wants to go "that-a-way" (whether out the door, or down the sidewalk or street) and you step in their way. You do not have to physically touch them (that is battery) they don't have to be afraid (that is assault) you just have to deprive them of the direction that they wanted to go to be guilty of committing the tort of false imprisonment.

    -Eduardo

  • Oroborus21
    Oroborus21

    Hi,

    NEVERMIND I WAS WRONG

    That is funny I thought that complete confinement was not required but I did a little googling and found this:

    c) The Detention Must Be Total, i.e., It Must Be Within Boundaries.

    The restraint must be a total one rather than a mere obstruction of the right to go where the plaintiff pleases. Thus, it is not imprisonment to block the plaintiff's passage in one direction only or to shut him/her in a room with a reasonable exit open. Prosser on Tort, (3rd ed.) at 54.

    Imprisonment is something more than a mere loss of freedom to go where one pleases; it includes the notion of restraint within some limits defined by a will or power exterior to our own. Accordingly, although there are cases to the contrary, the most authoritative modern view is that the plaintiff must be completely confined and any reasonable means of egress known to him/her will prevent an imprisonment. 1 Harper & James, The Law of Torts, (3rd ed.) at 227. See also, Pine v. Olzewski, supra.

    I think though that with the car situation, if you block somebody in, that they can walk is not good enough. I think they do have to be free to leave by using their car. So let's say I was partially wrong.

    Eduardo

  • Elsewhere
    Elsewhere

    hehe... yeah, that's what I was thinking... otherwise people who double park would be doing hard time.

  • Golf
    Golf

    Remove the air from his tires a few times, that should help. One time on a construction site, I used a crane to remove a car in our way, problem solved!



  • Country_Woman
    Country_Woman

    Elsewhere - that sure is a good driver then.... keep posting if he (or she) is doing it again....

    Outoftheorg: lol

Share this

Google+
Pinterest
Reddit