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Friday, September 26, 2008

Fired bus cleaner wins $150,000 award


Jim Gehrz, Star Tribune
Jeanne Zapata, 51, describes her former work environment as “totally evil.” She had trouble finding a lawyer she was happy with and decided to represent herself.
Please click onto the COMMENTS for the story.

10 Comments:

Blogger Bob said...

A jury ruled that Jeanne Zapata, of Lino Lakes, who served as her own attorney and sued the Met Council over an alleged assault, deserves $150,000 in damages.

By JIM FOTI, Star Tribune

Last update: September 25, 2008 - 11:56 PM

It's a rule of thumb in the court system: Being your own attorney is a path to defeat.

Jeanne Zapata, of Lino Lakes, appears to be an exception to that rule.

The 51-year-old fired bus cleaner is representing herself in Hennepin County District Court in a suit against the Metropolitan Council, which operates Metro Transit. Last week a jury ruled that she deserves $150,000 in damages.

"It's not unknown that people come into court representing themselves, but it's very unusual that they can win," said Joseph Daly, a Hamline law professor who has worked on employment issues and has served as an arbitrator.

The case isn't quite over -- more memorandums need to be filed, and Judge Tony Leung has months to finalize the verdict. But so far, Zapata has defied the odds in making her own case.

Nancy Peters, a spokeswoman for Hennepin courts, said Thursday that the $150,000 verdict stemmed from a supervisor's alleged assault on Zapata, and that two other claims -- regarding a hostile work environment and reprisal -- were still outstanding.

Bonnie Kollodge, a spokeswoman for the Met Council, said the agency wasn't in a position to comment because the case is ongoing.

"When you come into a trial, it's like civilized warfare, and you're going against a trained warrior," Daly said, noting that even he has hired a lawyer to represent him in a court case. But jurors are supposed to listen to the facts, "and this lady probably had some pretty good facts."

Going it alone

Zapata was an overnight cleaner for Metro Transit for 10 years. She most recently worked at the East Metro garage near downtown St. Paul.

Her earlier dealings with lawyers -- when her daughter was assaulted, after her father's death -- left her frustrated. After she lost her job, she said, she had trouble finding a firm willing to take on the Met Council. She was unhappy with the lawyers who did take the case.

"I actually had to let them go," she said

1:07 PM  
Blogger Bob said...

Hi All,

We have a number of citizens who participate here who are not attorneys and have won legal cases representing themselves.

Nancy Lazaryan

Jeff Matiatos

Myself

A couple I can't name because they prefer to be anonymous

We also have a number of citizens who participate here and do very well understanding the law as it is written. I don't think there is a blog in the metro area that covers legal matters as much as this one does. Some of us find these legal issues interesting.

Geeesh, this blog is turning me into a geek!:-)

1:25 PM  
Anonymous Anonymous said...

I can think of several that are real legal blogs.
One that is 'light' on the legal talk:
http://www.minnlawyer.blogspot.com/


There is no other blog that talks more about Saint Paul Code Enforcement than this one.

Eric

1:41 PM  
Blogger Bob said...

Thanks Eric!

2:08 PM  
Anonymous Anonymous said...

I don't think there's any other blog where people stick up for corruption and illegal government activity either.

2:47 PM  
Anonymous Anonymous said...

It is possible to sue government and win, but you need the facts and evidence....and an honest judge.

7:44 PM  
Anonymous Anonymous said...

Let me say this, the key to winning
and advancing your case is to :

1. Know what your cause of action consits of or in other words, get to know the elements (what it is you need to show) of your cause of action be it discrimination, personal injury, or tort such as defamation etc.

2. Know the rules of District court, and Appellate procedure.

3. Prepare for and anticipate your oppositions defences and arguments with intillegent responces and legal objections.

4. Learn something about jury psycology and apply some of those learnings even with a bench trial before a judge.

5. Try to remain calm and collected although pro se
litigants often find themselves being emotional because they are trying to act like attorneys while
at the same time being the plaintiff / victim.

6. Show the court whenever situations arise, that you are capable of finding good cases that support your legal arguments in responce to motions and rulings either in open court or in memorandums.

7. Always anticipate that you will need to meet the judge with cases that keep him in check.

In other words, with cases that let him know that you to will not tolerate being treated like a litigant that can be walked on.

Use Supreme Court cases as much as possible because remember, these lower courts are inferior and cannot rules against you when the Supreme Court mandates the course of action for a particular case.

This is Just the tip of what pro-se litigants and attorneys are up against.

By the way, my family moved from Grand Forks North Dakota to Lino Lakes in 1972 and I grew up there and know just about everyone.

Maybe its something about us Lino Lakers that like to spar !




Jeff Matiatos

9:22 PM  
Anonymous Anonymous said...

A little fun story from the vaults of Lino Lakes history.

Former police Chief Myre, God rest his soul, pulled his gun on an assailant back in the 70s when police guns still had cylinders and all the bullets fell out.

Jeff Matiatos

9:47 PM  
Anonymous Anonymous said...

Jeff said, "Former police Chief Myre, God rest his soul, pulled his gun on an assailant back in the 70s when police guns still had cylinders and all the bullets fell out."

Great story. There was a St. Paul cop who was running after the kids who were trying to take my brothers bike in back in 1973. As the cop was running after the kids his gun fell out of its holster. He had to stop and pick it up. He started running again and his utility belt belt came off.

We all felt sorry for the guy, he was trying to do his job, but he was having major equiptment problems.

The kids got away.

6:35 AM  
Anonymous Anonymous said...

Off topic but;


I'm against the $85,000,000,000.00 bailout of AIG. Instead, I'm in favor of giving $85,000,000,000 to America
in a 'We Deserve It Dividend'.

To make the math simple, let's assume there are 200,000,000 bonafide U.S. Citizens 18+. Our population is about
301,000,000 +/- counting every man, woman and child. So 200,000,000 might be a fair stab at adults 18 and up.

So divide 200 million adults 18+ into $85 billon that equals $425,000.00. My plan is to give $425,000 to every person
18+ as a 'We Deserve It Dividend'. Of course, it would NOT be tax free. So let's assume a tax rate of 30%. Every
individual 18+ has to pay $127,500.00 in taxes. That sends $25,500,000,000 right back to Uncle Sam. But it means
that every adult 18+ has $297,500.00 in their pocket

A husband and wife has $595,000.00. What would you do with $297,500.00 to $595,000.00 in your family?
Pay off your mortgage - housing crisis solved.
Repay college loans? What a great boost to new grads.
Put away money for college - it'll be there.
Save in a bank - create money to loan to entrepreneurs
Buy a new car - create jobs.
Invest in the market - capital drives growth.
Pay for your parent's medical insurance - health care improves.
Enable Deadbeat Dads to come clean - or else
Remember this is for every adult U S Citizen 18+ including the folks who lost their jobs at Lehman Brothers and
every other company that is cutting back. And of course, for those serving in our Armed Forces.

If we're going to re-distribute wealth, let's really do it...instead of trickling out a puny $1000.00 ('vote buy' ) economic
incentive that is being proposed by one of our candidates for President. If we're going to do an $85 billion bailout,
let's bail out every adult U S Citizen 18+!

As for AIG - liquidate it. Sell off its parts. Let American General go back to being American General. Sell off the
real estate. Let the private sector bargain hunters cut it up and clean it up.

Here's my rationale. We deserve it and AIG doesn't. Sure it's a crazy idea that can 'never work.' But can you imagine
the Coast-To-Coast Block Party! How do you spell Economic Boom? I trust my fellow adult Americans to know how to use
the $85 Billion 'We Deserve It Dividend' more than I do the geniuses at AIG or in Washington DC. And remember, The Birk
plan only really costs $59.5 Billion because $25.5 Billion is returned instantly in taxes to Uncle Sam.

Ahhh...I feel so much better getting that off my chest.

My kindest personal regards...

10:51 AM  

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