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Control of frivolous lawsuits needed

Posted: February 16, 2012 7:31 a.m.
Updated: February 17, 2012 5:00 a.m.

With regard to Gov. Nikki Haley’s proposed legislation to stop frivolous lawsuits, I would like to tell you my story. After years of trying to get my neighbor to stop using my property for the storage of his junk car business, I finally put up a fence. Prior to my doing so, I hired a surveyor to locate the property line. My neighbor disputed the property line as surveyed and has filed suit against me for erecting a fence that, according to him, has caused him to lose money from his business operations. I in turn have had to hire an attorney and pay to have the property re-surveyed. So far it has cost me over $1,500 in attorney and surveyor fees, and we’ve not made it to court yet. As the law now stands, we will have to counter-suit the neighbor to recover these costs. This again increases the attorney fees and ties up the court.

Before the lawsuit was ever filed, we told the neighbor to have his own surveyor come out and survey the property lines and we’d let the surveyors battle it out if there was any difference. Surveyors have insurance to cover any errors and omissions they may have made. Instead, he hired an attorney and, without any investigation into the matter, the attorney has filed the lawsuit and requested a jury trial.

I agree with Gov. Haley’s proposal to make persons filing frivolous lawsuits pay the other party’s expenses, but I also feel the attorney filing these suits should be held liable. Perhaps a nice fine for the attorney would be in order.


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