When a person is intoxicated and damages another's property, the law presumes they have been negligent, meaning they failed to exercise reasonable care. This legal principle applies because intoxication impairs judgment and decision-making, making it reasonable to assume the intoxicated person should have avoided causing harm. In this case, the judge ruled that the defendant's intoxication created a presumption of negligence for damaging the plaintiff's computer and camera, while also noting that the plaintiff's own negligence (leaving cords in the open) contributed to the damage.
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Added:Plaintiff Danielle Hooper says, >> [music] >> although the defendant and she were complete opposites, they were able to be friends. However, Danielle claims the defendant likes to drink [music] excessively and smoke pot. And Danielle's suing her today for damaging her [music] computer and digital camera while she was intoxicated.
Defendant Kiwana Williams insists Danielle smokes [music] pot with her.
And she claims Danielle was negligent with her property. And that's the only reason it was damaged. Kiwana's countersuing for property damages and [music] defamation because she says Danielle's been spreading rumors about Kiwana being a stripper.
>> Start with you.
>> Um okay, Judge Mathis. Me and Kiwana Williams has been friends for almost 10 years.
But we are like almost complete opposites. She's really wild and like spontaneous.
Which wasn't a problem because I'm more reserved. So when I hang out with her, it's really like it's fun and we enjoy ourselves or whatever the case may be.
But she doesn't know when to stop.
Sometimes it becomes a little too much.
So um 2007 September 2007 she was over at my house and um you know, we were actually celebrating. So we were drinking and carrying on. And but if I can say Kiwana is like a a big drinker. She doesn't She doesn't She doesn't know when to stop, Your Honor.
>> Let me let you defend yourself. I hear you over here saying it's not true.
>> She is a drama queen. Drama follows her everywhere [clears throat] she goes.
>> [snorts] >> It was an incident one time at the nail salon that she tried to run out on a bill and they chased her down. They karate chopped her and >> Your Honor.
>> And me being a >> Who karate chopped her?
>> [laughter] >> You know like You know like the people not me No, I'm I'm trying to be racist or anything. I'm serious. They did martial arts on her.
You know, in the nail salon.
>> [laughter] >> At the nail salon.
>> Because when you apply that you're not being racist, you're suggesting that it was someone of a different ethnic background. Perhaps Asian? Is that you're referring to? They are the ones who karate chopped her.
>> Yes. Yes, sir.
>> I'm not sure if that's a stereotype or not. It might be a stereotype.
>> I'm going to try to tell you.
>> Asians practice martial arts. Nevertheless, these particular Asians >> These particular Asians. Yes.
>> Karate chopped her. Because she did what again?
>> Because she ran out on a bill at the nail salon. [laughter] >> And they chased her.
>> Yes. And they caught up to her, karate chopped her. Me, you know, >> [laughter] >> Go ahead.
>> Now, me being a good friend that I am, you know, I went to Danielle's defense.
And in the case, I started getting karate chopped.
>> Absolutely. [laughter] >> I got put in jail.
>> know if it was smart to go to the aid of someone who is having martial arts practiced on them.
>> Yeah, you know, and I got a little practice on me, too.
>> All right. And you're not the wild person she's describing. All right, let me let you proceed.
>> September of 2007, we were at my house and we were drinking and um partying like I stated before, she goes in overdrive every time >> Heard that.
>> Okay. So, she's loud and dancing and and jump plopped on my bed. And when she plopped on my bed, she sat on my digital camera. And she had a cigarette in her hand at the time. So, when I freaked out, I said, "You You sat on my camera."
She jumped up and the cigarette fell on my mattress. So, she was trying to fling the cigarette off the bed and wound up flinging the camera across the room and it hit the wall and it cracked. So, I said, "Kuwana, how are we going to handle uh you know, my camera?" "Oh, you don't have to worry. I'm going to pay you back cuz my man is an entrepreneur >> Y'all, my man don't have nothing to do with this situation.
>> your honor This is before I even said, "Look, you have to pay me back." She just up and offered. Okay, so that came and went. I never seen any of my money and meanwhile, she >> was your camera worth?
>> It was $575.
>> All right.
>> Um So, it was the next incident maybe a month later. Same result. She's smoking weed. We we all we're drinking. We partying or whatever the case may be.
>> I was. I admit to that. I was.
>> Go ahead. Right next to her with her whatever the case may be. And she I had my my my computer. She come she sits down. She sits in the middle of my bed.
My computer >> damage it?
>> She tripped up on the cords, spilled the hot drink on my computer.
>> Were the cords obviously >> You're not listening. You're not listening.
>> where they were out in the open?
>> Y'all, Kawana out in the open.
>> Sorry. But she's at my house all the time. She steps over these cords all the time. When she's sober, she hops over them without a problem.
>> were out in the open.
>> They were.
>> That's what I was trying to assess.
Because before you keep butting in >> I'm so sorry, y'all.
>> and let me tell you what you've admitted to.
You've admitted to seeing a computer with cords open and obvious.
>> No.
>> Which Yeah, that's what you admitted to.
>> Can I explain it?
>> let me tell you what you admitted to.
You admitted to seeing something open and obvious right in front of your face.
You had a duty to avoid damaging something that is open and obvious. And instead, you damaged it anyway. Now, where was the damage to your computer?
Do you have a estimate for repairs?
>> How much? Like $55 for them to make the order.
>> how you get to the $650 you're suing for? What do you say, man? What about the camera?
>> The camera?
>> What's your defense there?
>> I feel as though I still shouldn't have to pay if she would have set it up where it was supposed to be at.
>> Did you see it?
>> No, I did not. At the time, I didn't.
And I just plopped on the bed, okay.
>> You don't think you should have seen a camera sitting right there open on a bed?
>> It was It was under the cover at the time.
>> You're a liar.
>> She is a liar, your honor. It was right there. We just finished taking pictures, and she sat on it.
>> I don't believe I don't believe it was under the cover.
>> Your honor.
>> Yeah.
>> It was.
>> I don't believe you.
>> Let me tell you something.
>> Don't believe you.
>> If she If she stole >> on a bed is open and obvious. Person walks toward a bed, they should see the camera. When they're drunk, they might not.
When you're drunk and you damage someone's items, it is a presumption that you've been negligent. If you're riding in the car and you hit a car and you're drunk, you are presumed to be negligent for causing that accident. Now, did you ever agree to pay?
>> Yes, but I still feel as though as me y'all being a friend, like she know like Wow, why even go through all this if we could settle this somewhere else?
>> it. That's why we're in court.
>> You know how you settle? How do you settle things when you owe a person money?
>> I pay them back.
>> Back!
>> But you don't pay me back, your honor.
>> Your counter claim for $400 is for what?
>> Um, $75 for my sneakers that she had destroyed. When we went to the laundry mat, she had washed them, and then she threw them in the dryer with blue denim jeans.
>> Okay, and what was the What was the damage?
>> Um the damage was the um as you can see is blue blue smudges all amongst here.
>> And those shoes were painted shoes?
>> No, they was regular white.
>> Those were regular white before putting them in the washing machine.
>> and she I did that myself, Yerona. CAN I JUST SAY SOMETHING? I damaged her sneakers, right? Okay, I put them in a dryer with with blue jeans. I shouldn't have done that. I didn't even do it.
>> Ma'am, were they white?
>> They were white, and I did that myself.
Those are They were all white, and I painted those myself cuz that's what I do. I hand did that.
>> Okay. When you took them out, they were ruined because of the dye from your jeans.
>> Exactly.
>> All right, you tried to cover it up by painting it.
>> Yeah, cuz I do that, Yerona.
>> look good instead of paying THE WOMAN INSTEAD OF PAYING THE WOMAN instead of paying the woman for a new pair of gym shoes, you going put crayon on them.
>> No, they're not crayons.
>> Whatever it is.
Now, with regard to your defamation, what do you say?
>> Um Danielle has been going around telling people I drink, I smoke weed, I party all day.
>> Do you?
>> No, I don't.
>> You don't drink?
>> I drink occasionally.
>> said you don't.
>> I drink occasionally.
>> She didn't say she said a certain amount of time.
>> No, she told them I drink, I smoke, I party all day, every day.
>> Okay.
>> Um she tell people I'm a stripper.
>> that to?
>> Um she told >> you a stripper as well.
>> Yes, sir.
>> All right, who did she tell that to?
>> She told that to multiple people.
>> All right, do you have a letter or a statement from one?
>> All right, I'll grant you your judgment for both the camera and the computer.
$650 to the plaintiff, $75 to the defendant for the gym shoes. As you know, I'm not granting you any defamation. You do not have any evidence at all. Have a good day.
>> Judge Mathis. I LOVE YOU.
>> ALL RIGHT.
>> [applause]
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