In legal proceedings, statements made during or immediately after a startling event (excited utterances) are admissible as evidence because they are considered more truthful than prepared testimony, as they are made under the pressure and stress of the moment without time for fabrication. This principle allows 911 calls to serve as credible evidence in court, as demonstrated when Judge Faith Jenkins ruled in favor of a plaintiff in a road rage case where the defendant's 911 call admitting to throwing rocks at the plaintiff's car was admitted as evidence, leading to a judgment of $782 in damages.
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Road Rage Rock Attack! | Judge FaithAdded:
Today on Judge Faith, college students turn their minor driving mishap into a major incident of road rage.
>> And he rolls his window down and says, "You effing cut me off." And next thing I know, I hear something hit my left side of my door and he drives off.
>> I flash my lights and she pumped the brakes breaks again there. I'm just like, "Yo, you just cutting me off and then you're going to break jack me."
>> You never know what state of mind another person is in if they have a weapon or a gun. So why do you get into disputes with people on the road like this? I do not understand.
>> And later, Nebraska newlyweds stick their friend with an expensive vacation bill after they back out on a group trip to the Bahamas. You know, they were recently married and I thought they would enjoy going on a trip with us.
>> To me, that sounded great. You know, who wouldn't mind going on a cruise?
>> You had no idea in your mind when she purchased these tickets that she may not be able to get her money back.
>> Faith Jenkins. Her distinguished legal career began when she graduated first in her law school class. She quickly became a tough New York City prosecutor and then a preeminent legal analyst on cable news. And now she's the judge in her own courtroom. Her cases are real and her rulings are final. She is judge fake.
Plaintiff Raven Williams says she was the victim of road rage when the defendant pulled up next to her and threw rocks at her car. She's suing for car damages. The defendant, Dante, says he doesn't know because he sped off after Raven cursed him out and he never threw any rocks. He's counter suing for emotional distress. He's accompanied in court today by his girlfriend, Danessa Moore.
>> All rise. Court is in session. The Honorable Judge Faith Jenkins presiding.
>> Please be seated. Your honor, the litigants have been sworn in. This is the case of Williams versus Moore.
>> Thank you.
>> Raven Williams.
>> Yes, ma'am.
>> You are suing the defendant Dante.
You've asked to only be referred to by that name. Yes, your honor for $782 for damages to your car.
>> Yes, ma'am.
>> And you are counter suing for $782 for emotional distress.
>> Yes, your honor.
>> You are from Georgia.
>> Yes, ma'am.
>> And you had an incident with Dante while you were driving on the road one day?
>> Yes, ma'am.
>> Okay. Prior to that, you did not know him. No.
>> You're from a small town, but it's not that small.
>> Yes.
>> Okay.
>> Exactly.
>> So, tell me what happened.
>> Okay. So, um I attend Georgia State University. So, on the weekends, I always come home, go see my mom. So, as I was getting off the exit to my house, >> what time of day or night was this?
>> Um, late afternoon. Um, so I was getting off the exit and there's it's a two lane, a left lane and a right lane. So, I was in the right lane. Now, there's apartment complexes on the right side.
So, there was a car in front of me that was getting ready to turn and you know, sometimes you don't feel like waiting, so you want to just hop into the next lane. I looked in my mirror and I looked back and I seen them coming, but I had plenty of enough time to get over into my left lane. So, as I got over into my left flame, I look in my mirror and he's on my butt. So, I'm like, "Okay, why is he so mean?"
>> Yes, he's tailing my car. Sorry. I guess that's the right way to say it.
>> So, as I'm looking at my major, what's your major? I'm just curious.
>> Psychology.
>> Okay. All right. Go ahead.
>> So, um, so you know, I'm like, "Okay, why is he close to me? I I don't know what's going on." So, you know, like any other person would do, I kind of push on my brake a little bit like, "Okay, you're a little, you know, too close to me." So then he speeds to my right side and he rolls his window down and says, "You effing cut me off." And next thing I know, I hear something hit my left side of my door and he drives off. So I called 911. So I'm following him and he's speeding down the road to get away from me so I can get his license plate number. So he pulls over. So I pull over behind him because that's the perfect time for me to get his license plate number. So, as I'm telling the operator the license plate number, him and a female passenger in his car jump out the car as if they're about to come and attack me. So, as I'm on the phone, I'm like, you know, I didn't cut you off.
Cuz he started screaming, "You cut me off again." And I said, "Well, I didn't cut you off." So, then he was like, "Well, I threw rocks at your car." Oh, so now you're telling me you threw rocks in my car.
>> And that's why you're suing because he said he threw rocks and damaged your car.
>> Well, that's the thing. When he pulled off, it was safe enough cuz they were an officer was coming to meet me at the scene. So, I got out to look at my car and I seen dents on my car.
>> Let me see the dents. Let me see the photo of the dents >> that I've never had on my car. Never.
Brand new car. Just got it.
>> Never had that on my car.
>> Well, what kind of car is this?
>> Uh 2013 Hyundai Elantre.
>> And you're saying there were no dents prior to this day?
>> My car was pearly white, sparkly.
Nothing was wrong with it. Never been in an accident. Nothing was wrong with my car.
>> Okay, Mr. Dante, I'll hear from you.
What happened?
>> Okay, your honor. One, originally I was like me and Nessa was getting off the exit. We got off the exit.
>> You were in the car as well, ma'am.
>> Yes, ma'am.
>> Okay. And what's your relationship to the defendant?
>> I'm his girlfriend.
>> Okay. Wonderful.
>> Yes. I'm proceeding up Six Flags Drive pretty much as I'm driving. I'm LA and I see a I see a bus um like the the city bus. I see the bus and I see her car behind the bus and see I know she just jumps right into the lane. I actually flash my lights just, you know, just as in uh you know, a reminder of like, yo, this is what you What did you say to her?
>> This is before I I could even pull up to her. I flashed my lights and she pumped the brakes brakes again.
>> So, at this point, the two of you were kind of >> So, at this point, yeah, by the time we get to like the crosswalk for um on that busy intersection, we get to the crosswalk, we stop we stopped there. I'm just like, "Yo, you just cut me off and then you're going to break check me."
>> So, wait, wait, wait, wait. Is that what you said? You just cut me off or or what?
>> I probably I probably cursed and like, "What the f is wrong with you?" And >> Yeah. Did she curse back at you as well?
>> Uh, yes. It was it was it was some SHE WAS UM I DIDN'T I DIDN'T IT WAS IT was it was some words exchanged.
>> Did you throw anything in her car?
>> No, your honor. I did not throw anything in her car.
>> Did you ever throw anything in her car?
>> No, your honor. Your honor, who rides around with rocks?
>> You know, this is how things get started, right? In in in road rage cases, this is how things get started because you never know. You drive up, you curse somebody out, you never know what state of mind the person in the other car is in. I'm saying this to you, too. There was a case in New Orleans just a couple of months ago.
>> Will Smith, former NFL football player, shot dead after he had an argument with someone else over a fender bender. You never know what state of mind another person is in if they have a weapon or a gun. So, why do you get into disputes with people on the road like this? I do not understand.
>> Coming up, the 911 phone call is played in court.
>> And now he's getting out of this car.
>> Ma'am, well, I want you to stay on the line with me. Okay. What exactly did you throw at your vehicle, man?
>> And later, Nebraskans face off over a canceled cruise.
>> She approached me and asked us if we were interested in going on a trip with her on the cruise.
>> We were under the assumption that they would use their income taxes to pay me in full for the whole trip.
>> You know, that never happens, right?
>> Plaintiff Raven Williams says Dante threw rocks at her car. She's suing for car damages. The defendant, Dante, says he doesn't owe because he never threw any rocks. He's counter suing for emotional distress.
Can you step up, ma'am? At any point, did you witness Dante? I already know what her answer's going to be. Did any point at any point did you witness Dante throw rocks at the plain's vehicle?
>> No, your honor.
>> No, you did not. Thank you, ma'am. Have a seat. Thank you for bringing your girlfriend as your as your witness today. She was She was in the vehicle.
>> Okay. Exactly. But your honor, to my to my defense, I have the 911 phone call that I had.
>> Let me hear the 911 tape.
>> And now he's getting out of this car.
>> Okay.
>> And I don't know why.
>> All right. Look.
>> How? How? I didn't even cut you off, son. And now he's And now he's trying to argue with me.
>> Okay. Well, I don't want you >> something in my car, >> ma'am. Well, I want you to stay on the line with me, okay? I I need you to talk to me for one moment. Okay. He what exactly did he throw at your vehicle, ma'am?
>> He said he he said he threw a rock. I don't know what he threw.
>> If anything hit her hit her vehicle, it could have even came from me speeding off from I mean my my truck has a sport package on it. I I mean I've I >> What is your counter claim about for emotional distress?
>> Because one I I I didn't tell her I threw a rock. I'm sure she she's a psychology major. She knows how to and what to put together, especially on the phone and with police and to get people involved. So, no. one, two, um it's it's because of all of what's going on. Like I suffer from high anxiety and due to that and due to the pumping of the brakes and due to the the um um um cutting off and and well that incurs with everyday life, but >> yeah, you might not need to drive if you can't handle that.
>> Of course. Of course. I mean anger >> issues of course. But what I'm saying is that with the following the chasing that's the next level. It's just like why are you chasing me?
>> Okay. I believe the plaintiff uh in this case because of the 911 call. There's a there's a rule under the law and it's called an excited utterance and it's the exception to a hearsay rule under the law and and what that means is when a person makes a statement at the same time as a startling event and they're describing a series of incidents while they're under the pressure and stress and excitement of a startling event.
Courts find those statements to be credible because it's not made after the fact, after you've had time to think about it, after you file a lawsuit, after you come in court. That's why courts allow 911 calls into testimony as evidence. I do not think the plaintiff came up with the story. He said he threw rocks at my car in that moment to make up a story and frame you and then file a lawsuit after the fact all because you pulled up next to her and cursed her out. I do not think that this is one big elaborate scheme to frame you. I think you threw rocks at her car and I think that because she called 911 immediately afterwards and she said he said he just threw rocks at my car. Judgement in this case is for the plaint of $782. Your counter claim is dismissed. THANK YOU.
IF YOU'RE IN THE WRONG FOR CUTTING SOMEONE OFF, THEN DON'T break check them. At least just oops, my bad or hold your hand out. I mean, I've been guilty for accidentally cutting someone off.
>> I definitely would have never trailed him if he had never threw anything in my car. So, I just thank God I was able to get that 911 call and it all works out.
If you're going to throw things in people car, you got to pay consequence.
Plaintiff Amber Kushman says she bought a vacation package for the defendants, but at the last minute they backed out on the trip. She's suing for the cost of a trip. Defendants Hector Dunier and Ashley Heffley say they owe nothing because a family emergency forced them to back out and Amber never told them the trip was non-refundable.
>> Amber Kushman.
>> Yes.
>> You are suing the defendants Hector Dier and Ashley Heffley. Yes, sir.
>> For $1,220, you say they owe you the cost of a trip that you booked and you say the defendants did not go on, but you paid for regardless. Okay. Give me some background. How do you know the defendants, Miss Kushman?
>> Uh, I have known Hector for several years between three and four years. Um, he was a former employee of mine.
>> What do you do?
>> I worked in child care. I I own my own childare and he was an employee and then later became an assistant director.
>> Are the two of you married?
>> Yeah. Yes, we are. Okay. So, give me some background on your relationship with the plan.
>> Yes, Amber was my employer um at the daycare center we worked at. Um worked for her for about three and a half, four years. Um >> you were friends outside of work?
>> Yes, we were. Yes.
>> And you were friends with Miss Kushman as well?
>> And for the past since I've known my husband, Hector? Yes.
>> Okay. And the before this incident, all three of you had a good relationship. I say >> yes. Okay. I understand that you booked a trip several years ago. Why don't you tell me what happened? Um, I booked a package trip that was four independent packages and I wanted to take a family vacation and then as I was planning the trip, I realized that it would be easier to do adults only with this particular trip.
>> What kind of trip was it?
>> Uh, it was 7 days, six nights in Florida. You would spend a few days in Fort Lauderdale, a trip to the Bahamas on a cruise ship and back, >> and then another few nights in Orlando.
>> Okay. And you all live in Nebraska?
>> Yes, ma'am.
>> Okay. Your idea was to find people who would go on the trip with you.
>> Yes.
>> When did you book the the four packages?
>> Originally, I would say they were booked in 2014.
>> And you paid for those packages back then?
>> Yes, ma'am.
>> How much did you pay for the packages?
>> Each package was, I believe, $635.
>> So last year, a year later, you have a conversation with the defendants about this trip. What was the conversation?
>> Yes. I had already found two other couples to take the other two packages.
So, we were just looking for the fourth couple to be filled. And I all of us knew each other that were going. So, we were trying to find someone that would, you know, enjoy the company. There was no strangers. And we I thought of Hector and Ashley. You know, they were recently married and I thought they would enjoy going on a trip with us.
>> When she approached you, who did she speak to? Which one of you did she speak to first about this trip?
>> She approached me and asked us if we were interested in going on a trip with her on the cruise. Um, to me, that sounded great. you know, who wouldn't want to go on a cruise? So, I told her, "Let's figure out exactly what it takes to get there, what the trip ideas were, what the details behind."
>> What month was that when she approached you?
>> That was in late January of this year.
>> Late January of this year?
>> Yes.
>> Do you agree with that? That's when you had a conversation with them?
>> No, I disagree with that. I have the text message showing that I originally contacted him in mid December.
>> When did they give you confirmation that they said they would go on the trip?
>> Within days of the original contact in December.
>> Okay. And so what did you do as a result of them telling you they would go on this trip?
>> I let other group members know. And then in January, we proceeded to book the date.
>> Book the dates for the trip. And what about purchase airline tickets?
>> Yes, that came a little bit later.
>> Now, when you purchase the airline tickets, did you get money from them to purchase the tickets?
>> No, I did not ask them for the money prior to >> Why is that?
>> We were under the assumption that they would use their income taxes to pay me in full for the whole trip.
>> You know, that never happens, right?
I have never had a reason to distrust them before this point.
>> Coming up on Judge Faith, a question is raised about the tickets purchased for the trip.
>> Did you know that she had already purchased the airline tickets?
>> At that point, we knew that she had purchased them.
>> Why do you think you're not responsible for the airline tickets if they're non-refundable?
Plaintiff Amber Kushman says Hector and Ashley knew the trip was non-refundable.
She's suing for the cost of a trip.
Defendants Hector Dunier and Ashley Heffley say they owe nothing because a family emergency prevented them from going.
>> When did they tell you they weren't going?
>> About 25 days before we were scheduled to fly out.
>> Okay. So, what happened? Why did you change your mind? Um, so I contacted her and let her know that unfortunately we weren't going to be able to go. We had some financial issues pop up on us.
>> When was that? When did you contact her?
Because the trip is scheduled for March 31st.
>> Yeah.
>> Yes.
>> And so you contact her on what day to say I can't go?
>> March 2nd. I contacted her.
>> Did you know that she had already purchased the airline tickets?
>> At that point, we knew that she had purchased them. Um, but unfortunately we did not know that there were other things attached to that that they were non-refundable and non-transferable.
>> Most airline tickets are non-refundable.
Sometimes you can pay a penalty and use the ticket on another date, but that didn't happen in this case, I'm assuming.
>> No, ma'am. And I did immediately upon them saying that they wouldn't be able to go acknowledge the fact that all of this was non-refundable.
>> But did you tell them that in advance?
>> Yes, ma'am. In fact, every paperwork that I got, I forward to them via email.
So, they were every piece of information I received, they also received.
>> So, what about the airline tickets? You know that she purchased the airline tickets because you said you weren't going to go and and you're telling me within 30 days of the trip, you tell her, "I can't afford to take this trip."
So, why do you think you you're not responsible for the airline tickets if they're non-refundable?
>> We never were told beforehand that we nothing would be non-refundable. Nothing was transferable um until after the fact on after May 2nd. That's when she messaged us saying that nothing was transferable or Yeah, sorry. I'm sorry.
March 2nd. Um, nothing was transferable or refundable.
>> So, you're saying you didn't read the emails that she says she sent to you about them being nonre the airline tickets being non-refundable?
>> We did read them. There was nothing on there saying that they were non-refundable.
>> Let me see that.
>> Um, I apologize. I do not have the original email printed with me.
>> Well, you don't have to have the original, but anything that shows that you told them the ticket was non-refundable.
>> Yes. on the notes. I believe it does say that is non-refundable.
>> Let me see proof of that here.
>> Okay, >> thank you.
>> It says it right there.
>> Okay.
>> Well, it doesn't exactly say that actually. Um it it states that changes or cancellations to the tickets must be made prior to the departure of the flight. So since then, I'm assuming that the three of you are not friends anymore.
>> No.
>> Because of this trip?
>> Did you go on the trip?
>> Yes, ma'am.
>> With your other friends? Yes, ma'am.
>> So it was three couples instead of four?
Yes, ma'am.
>> How did the trip go?
>> The trip was very pleasant. We had a good time.
>> Coming up, Judge Faith rules.
>> And now, Judge Faith rules.
>> The real issue in this case is a legal issue called detrimental reliance. And what that means is when someone relies on a promise that you make to them and they do something in furtherance of the promise that you've made to them to their detriment and that's what happened in this case. She relied on your word that you would take the trip and she purchased the airline tickets and you cancelled not even 30 days before. So you're absolutely responsible for the airline tickets for the trip itself. the remainder of your lawsuit. Here's my issue with that. You purchased this trip regardless of the defendants's promise to you that they were going to take the trip. This is a trip you purchased in 2014. So, you'd already made that expense before you ever had a discussion with the defendants about it.
>> Yes, ma'am.
>> So, what they're responsible for in this case are the airline tickets in the amount of $68,520.
So, my judgment in this case is for the plaintiff in the amount of $685.
I'm sad because this was a friendship and I didn't think that it needed to come to this and now that it's over, it broke my heart. Um, you know, I understand she's upset, but there's bigger things in this world to be upset
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