Knocked To The Knees & Thumbs Up Until It Wasn't | Justice for the People with Judge Milian

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[00:00:00]Never let anybody see you sweat. So, I was born in New York City and I lived there until I was 8 years old. I realized that I was a much better talker [music] than I was a listener.

[00:00:09]>> I don't know what to say. I just don't like what you're saying.

[00:00:12]>> Sorry, your honor. [music] I ended up going to law school at Georgetown and then I was a prosecutor for Janet Reno.

[00:00:18]I loved it cuz it was so raw.

[00:00:20]>> Were you cheating on her? Yes, your honor. Okay. All rise. Our show will be a mixture of education I think you're mistreating [music] the law a little bit. and entertainment.

[00:00:31]My main goal is justice [music] and the law. That's been my legacy and the legacy I hope to continue into the future with this show.

[00:00:42]Allison Mosgrove claims her son was treated for a head injury after the defendant's daughter hit him with a swing on purpose. Phyllis Abbott says she believes the injury is an unfortunate accident that happened while the kids were playing.

[00:00:57]All right, Ms. Mosgrove, you are suing Ms. Abbott for $1,758 in medical expenses that you say are her fault. What happened? The defendant's daughter purposely hurt my son while playing in the backyard of the defendant's home. Okay, how long have you two known each other? 13 years.

[00:01:14]Okay.

[00:01:15]All right, so what happens? You go over to her house for what? So, we were invited over to her house for the weekend to go on a meditative retreat but also participate in a K-pop event.

[00:01:26]My observations overall were that Sarah had some issues and that came to our attention during that time. How old is Sarah? Sarah is 8. Okay. We went to the meditation retreat on a Saturday. Came home and my son Timothy let me know that Sarah and her brother had been arguing and throwing objects at each other in the house.

[00:01:47]And also that the babysitter had to mediate a lot of the action that was going on in the room. My son also let me know that Sarah was screaming at him uncontrollably and he didn't understand why at all.

[00:02:00]I did check in with Phyllis to find out what might be going on with her daughter. She let me know that her daughter had anger management issues, and it was something that she was in therapy for, for which I empathized with having my son also in therapy, and I was just really happy that they had found a resource of help for her daughter, and also her son who was experiencing the same issue. Okay, and I don't mean to pry, but since you've brought this up, your son is in therapy for what?

[00:02:28]>> He has anxiety, Your Honor.

[00:02:30]>> Okay, so go on. And so, the next day we went to a K-pop event together. It looked like to me Sarah was doing great, Timothy was doing great, everyone was happy to be there. Um but as the day went on, Sarah became a little bit more aloof in her behavior. And once the event ended, we went back to the house, and we had pizza for dinner.

[00:02:49]Um the kids started playing around the house, and after they started playing, unfortunately, Joseph Joseph skinned his knee.

[00:02:56]And when he skinned his knee, Phyllis had to patch him up a bit.

[00:03:00]Joseph is My son. Her other child. Okay, go ahead. During that time, the house seemed a little quiet, and I kind of heard Sarah outside, so I went in to check on her in the garage, and I saw her jumping up and down on top of the car. I thought she might hurt herself, so I did ask her to please come down safely from the vehicle. She likes climbing. Jumping up and down on a car, though?

[00:03:22]She likes climbing. She's careful. She's safe. So, you permit her to jump up and down on your car? She likes climbing. I I'm asking you a question. Do you permit her to jump up and down on your car because she likes climbing?

[00:03:33]>> Your Honor. Okay, go ahead. At that moment, Sarah looked back at me and shouted at me that I had no business in asking her to get down from the vehicle.

[00:03:43]I asked her one more time to please come down from the vehicle safely, for which she told me that her mom, yes, allows her to jump on the vehicle regularly.

[00:03:52]Okay.

[00:03:53]So, Phyllis came out to ask Sarah to get down from the vehicle, and Sarah did >> Why? It's perfectly permissible. I don't understand why she has to get Okay, go on.

[00:04:01]>> I'm not I'm not sure, but Sarah did listen to Phyllis that time and went into the house to continue playing.

[00:04:07]After that occurred, we all hung out by the pool. The kids got into the pool to play. It was fine for a while until Joseph and Sarah began to argue in the pool and splash water at each other rather violently. My son has anxiety, and so he was very uncomfortable and tried to get out of the pool.

[00:04:26]When my son got out of the pool, Sarah swam over and jumped up and grabbed him on the back. And she thought she was playing maybe. Maybe she doesn't know that, you know, it's not okay to do that type of thing. She hung on a little bit, and so we had asked her to please stop doing that, that he did not like that.

[00:04:44]She stopped, and she just started giggling and ran into the house. At that point, the kids all just went in to change their clothes. And Joseph and um Sarah both have these hover devices that they like to play on. So, they had helmets on. My son just ended up sitting on the porch to play with the kittens that are out there and just sort of keep to himself. I could tell he was a little bothered, but still just fine.

[00:05:12]Phyllis needed to use the bathroom, so she went upstairs. I got a phone call from my boss and had to answer the phone. During that time, I saw in the corner of my eye my son starting to scream after the swing hit the back of his head. I dropped the phone with my boss, and I ran out to my son, and I grabbed my son to make sure that he was okay.

[00:05:36]Sarah started screaming and ran into the house saying that my son hit her.

[00:05:41]Coming up on Justice for the People. My daughter can be a bit rambunctious, and I believe she was playing. I believe children will be children. Do you know that your child should not be jumping up and down on your car?

[00:05:53]>> I I do know that and we will be addressing that. And later, next thing you know, there's a loud slam. [music] He closed the door, my thumb was jammed in the door and I just it was excruciating. I know. [music] If you'll be in the Los Angeles area and want to bring your case to court, call 1-888-552-6878.

[00:06:17]You're watching Emmy nominated Justice for the People with Judge Milian.

[00:06:22]We're back with the case of Allison Mosgrove who blames Phyllis Abbott for her son's medical bills.

[00:06:29]Did you see anything or you were on the phone with your boss so you didn't see >> it out of the corner of my eye.

[00:06:33]>> What out of the corner of your eye, what did you see again? That the swing going back and hitting my son at the back of the head. Okay, so what did you take your son to the hospital? Um I ended up having to take my son to the hospital immediately.

[00:06:46]>> make that decision to take him to the hospital? Um in the middle of the night when I woke up to him coughing and vomiting, I took him to the hospital immediately.

[00:06:53]>> And what happened? What did the hospital say? Um the emergency room doctor said that my son had a minor contusion and also prescribed Tylenol for pain. Right.

[00:07:03]Uh those are the hospital expenses, the $1,758?

[00:07:07]That's actually a total sum of the cost.

[00:07:10]>> of that is the hospital? $1,200.

[00:07:13]Okay, and the rest of it is what? Is emergency psychiatric mental health care.

[00:07:18]>> So it's $300 emergency psychiatric health care? Um it's $182 per emergency therapy session for my son. Okay.

[00:07:26]>> Um and I had a total of three of those.

[00:07:28]>> Okay. A swing hit him in the head, right? Correct.

[00:07:30]>> Okay. All right. Can I hear from you?

[00:07:32]What is it you say happened? I believe that it was an accident. Uh I believe if you >> weekend go? Did you notice anything between the kids? My daughter can be a bit rambunctious and I believe she was playing. I believe children will be children. Do you know that your child should not be jumping up and down on your car?

[00:07:49]>> I I do know that and we will be addressing that Okay. Go in the future.

[00:07:53]Yes, absolutely. I believe that it was an accident. You're going to see a picture of the swing and it is a disc and it spins around. Can I see that?

[00:08:00]That's exhibit E for the plaintiff. Yes, as you can see it's Okay, so it's the red thing. So I don't believe that she grabbed it and forcefully directed it at his head because he wouldn't have been able to even see that if it hit the back of his head, right? I think she was swinging it around playing with it. I don't even know that my 8-year-old daughter could aim at someone with that kind of precision. I just I truly believe it was an accident and she was just grabbing it and spinning it and >> When did you Okay, can I ask you something? How did this weekend go between the adults? I thought everything went reasonably well. We have known each other for 13 years. We went to the meditative retreat where we had initially met 13 years ago. Uh so that was nice to reconnect with her. We've always been in each other's lives. Uh I consider us really good friends um even through moves, through divorces.

[00:08:50]Like we talk, we text. There was a little bit of distance so our kids didn't grow up together necessarily. So my daughter might have been a little more rambunctious than she should have been, but I felt that our relationship was very good. During that weekend, did there come a time when the plaintiff ask you for money? She did ask me for money.

[00:09:09]Um she said that she was behind in her mortgage and she needed a considerable amount of money and uh would I loan it to her and she would repay me.

[00:09:19]I said I needed some time to consider it as I don't lend money casually and especially not with a repayment plan and some clear terms uh laid out in place, but she was not able to give me a firm answer as to how she would pay me back or when she would pay me back. So we just put that on the back burner. Um I know she was struggling financially. Her uh ex-husband had been laid off from his job, so she had not received child support payments in about 5 months.

[00:09:47]Um she had expressed possibly joining a car dealership full-time. And I advised her that car sales are unstable and, you know, financially kind of, you know, unsure. But, she expressed a desire to want to be her own boss and uh said she would just do it temporarily in hopes that something better would come up. And I wished her luck. So, had you said no to the loan or you had put a pin in it?

[00:10:13]>> I We had put a pin in it because I I had asked her how she would repay me. Was it a trick >> bothered her that you put a pin in it or no? Probably. Did she seem bothered?

[00:10:21]She had seemed a little bit agitated the whole weekend. Um she was sort of overly emotional, which I see now was because her ex-husband maybe had been laid off and she didn't have those child support payments. She seemed overly emotional and was kind of controlling of my children, more directing and controlling.

[00:10:39]>> Why isn't this Ms. Mosgrove just one of those things on the playground? Why is it that she, who you knew at the time was up in the bathroom, so you're the only adult in the house, babysitter's not there that day, you're the guy in charge, and then all of a sudden you get on the phone with the boss, and it's just one of those things where the swing hits your kid on the head. I'm glad you took him to the ER, but what negligence did she exhibit that I'd make her pay for it?

[00:11:04]I mean, number one, you were the adult in charge and you took a a work phone call, which happens, by the way. I mean, I'm You know what I mean?

[00:11:10]>> I understand. But but number two, you know, when kids [clears throat] are playing, yeah, a swing might hit him in the head, and it's in the back of the head, so I don't know how he can report everything that happens behind his head.

[00:11:20]I mean, I mean, I used to tell my kids I had eyes in the back of my head, but you and I both know that wasn't true. You know, he'd have to see it to know it.

[00:11:26]So, why isn't this just, you know, an unfortunate accident that It when kids play?

[00:11:32]Well, when the accident happened Phyllis apologized to me. So? However >> That's just her being polite. That doesn't answer the question of who's responsible.

[00:11:42]If anybody's responsible, YOU'RE THE ADULT. YOU KNOW SHE WENT UP TO THE BATHROOM. SO, you know she can't be watching them that minute. You're the adult watching them that minute taking the personal call, which again will happen. But, when it does then it does. I mean, how does this make her liable? You know what? I'll do you a favor. I'll answer the question for you.

[00:11:59]Okay. It doesn't. Verdict for the defendant.

[00:12:02]All rise. Judge Milian has ruled in favor of the defendant. The plaintiff's claim is denied.

[00:12:11]I am hoping that we can [music] someday be friends again if that's okay with you. I'd like that, but I'm going to take that sales job for cars [music] and get stabilized before we reconnect.

[00:12:23]Coming up.

[00:12:23]>> So, what happened? I took a business call. It's kind of normal. [music] Uh What? To be distracted? To get many business calls in a day.

[00:12:36]You're watching Emmy nominated Justice for the People with Judge Milian.

[00:12:41]Ethan Brooks claims he landed in the ER and missed work after the defendant slammed a car door on his thumb. Lucas Bennett says he was on a phone call and closed the door by accident, so he's not responsible.

[00:12:55]All right.

[00:12:56]Mr. Brooks, you're suing Mr. Bennett for $3,500 in loss of income that you say was a direct result of his negligence. Tell me what happened. I'm a freelance videographer. Okay. And what business are you in? I am a realtor. What happened on this day? On this day, we were at a site getting ready set up for another shoot. And um I was getting my equipment out of the back of the vehicle after we went through some work that I had previously did the week before.

[00:13:23]So, I'm at the rear passenger door. Door is open. I'm getting my equipment out and I guess I I don't know exactly what he was doing, but next thing you know, there's a loud slam. He closed the door.

[00:13:35]My thumb was jammed in the door and I there's just immediate pressure.

[00:13:40]The pain I've never I've never felt anything like this before. It's just from my like my feet to to my hair it was just it was excruciating. I know.

[00:13:51]Because I actually have had that happen to me.

[00:13:53]>> So you understand, your honor. Oh, yeah.

[00:13:55]So painful. So what did you do? Uh I mean at first I just thought like, you know, it was just bruising. He suggested that I get medical attention and he offered to take me to uh the hospital.

[00:14:05]Okay. So did he take you to the hospital?

[00:14:07]>> uh he did, your honor.

[00:14:08]>> And what did the hospital tell you? That I I um had uh damage in my finger. Looks like I possibly had um nerve damage in my finger as well. Did you end up with any stitches or no? No, no stitches.

[00:14:18]Just a heavy bandage.

[00:14:19]>> Pain medicine? Yes, definitely had pain medicine, your honor. All right.

[00:14:23]Coming up, both the passenger side door and the passenger side back door were open. You see, I was I was just try I I thought I was helping him out. I just >> What? Which you would have been if you had waited another nanosecond.

[00:14:37]You're watching Emmy nominated Justice for the People with Judge Milian.

[00:14:42]We're back with the case of Ethan Brooks who blames Lucas Bennett for his loss of income.

[00:14:49]And as a result of this injury, what did you miss out on which is >> out on two uh confirmed uh jobs that I had immediately after this. How long did it take for your finger to feel better?

[00:15:00]I'm still recovering right about now, your honor, but it's just like it was at least about a month or two before it really started to get down.

[00:15:09]>> Did you lose your nail? Yes, I did. It it it it's it's growing back.

[00:15:12]>> That's fun.

[00:15:13]Um so what happened? I took a business call. This kind of normal. What? To be distracted? To get many business calls in a day. I'm a realtor, so I get >> Why are you closing the man's door? The man is doing whatever he's doing there.

[00:15:26]Why don't you not close the man's door and let him close the door? So, I was on my business call. I walked around to the other side, both the passenger side door and the passenger side back door were open. You see, I was I was just try I I thought I was helping him out. I just like >> Which you would have been if you had waited another nanosecond and had been paying attention to the situation.

[00:15:44]>> Well, that is true. I didn't I didn't see that he had his his little thumb >> but he but we know he did, right? Well, yeah. I found out I found out he did.

[00:15:53]Yeah.

[00:15:53]>> Right. We know he did, so we know how close he still was in the door. It was still in the doorway. And you were closing the door on a man who's still in in the path. I mean, I just don't understand.

[00:16:07]>> his thumb. Why can't you just let him close the door himself with his hip or whatever or wait until he's clear? I don't know. We >> It's an accident. I know you weren't aiming for his thumb, all right? I get it. I know everyone here knows that you weren't aiming for his thumb. Why are you not responsible financially? Because it was clearly just an accident.

[00:16:24]>> No, so okay. So, you and I are driving and then you accidentally make a left turn in a no left turn lane and then you hit my car. Do you have to pay for my car?

[00:16:33]It was an accident. Mhm.

[00:16:36]Judge Milian's verdict, when Justice for the People returns.

[00:16:44]You're watching Emmy-nominated Justice for the People, Judge Milian. I mean, yeah, you definitely handled it responsibly afterwards because what kind of heel would say, "Oh, that's so bad.

[00:16:57]Are you going to Are you ready to take the pictures of my commercial building?"

[00:17:00]Like you you said what a human would do, yeah, let me take you and everything else.

[00:17:05]We just I I just think you were a mistaken when you say not I think, let me rephrase. You are mistaken when you think that just because you didn't intend to harm him, you don't have to pay for the harm that resulted. You have to pay for an accident if it's caused by your negligence. It's 100% clearly your negligence. If you're closing a door when you should just be waiting for him to close his door, or if he walks away without closing the door, then you walk over and close the door. But if you do what you're doing, which is and hit the door, then you're going to end up costing the guy a thumb. I'm you know, and and that has happened. These These could end up in the loss of a digit as opposed to the nail fell out and it hurt and you know, and it had to to So, yes, I am and you're not suing for medicals or anything else. You just suing for those two. Oh, wow, that's a bonus for you. $3,500 verdict for the plaintiff. All right.

[00:17:59]All rise. Judge Milian has ruled in favor of the plaintiff. Defendant owes $3,500.

[00:18:08]Any last remarks for each other? I just want to move forward from this. I'm just glad it's over right now.

[00:18:14]I'm I'm hoping that we can work together again. I mean, he's he's one of my favorite people. I hope we can smooth this over and then we'll see. Leave the notes. Exit this way, please. Make sure you grab all of your belongings.

[00:18:51]This has been a production of Allen Media Group.