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My car is in the shop and I had to borrow a friends car to catch a flight at the airport. My friend had just used the car the same morning & said he left soda & water in the cooler. What he neglected to tell me is his dirty chewing tobacco / spit cup was on the dash.

I was in traffic and mistook the tobacco-spit cup sitting on the dash for a soft drink and took a big gulp. I started choking and had to stop and call 911 for medical help.

As you can imagine, I missed my flight. I hold my friend directly responsible for being a slob and leaving that cup on the dash. I insist he forks over the $250 penalty for missing the flight & the $100 co-pay for the medical attention. He is not cooperating much. Do I have a good case if I take him to small claims court?

2007-03-26 06:08:47 · 19 answers · asked by Brady Boone 1 in Society & Culture Etiquette

19 answers

That was not his neglect at all. I hope he defriends you for being a jerk.

2007-03-26 06:12:57 · answer #1 · answered by Tim 4 · 10 0

If you set rules, like While in the car, 1) don't leave your soda containers or no drinking
2)No smoking or tobacco of kind. 3) No eating,ect. then you may have a case.
But if you didn't say this, give it up. I don't think you'd have a good case. Make sure to set strict rules. You'll be lucky if you get 1/2 of what you're seeking.
If it were me,rules would be set about speed,tobacco use. Also beer,wine,ect.
If nor rules or agreements were set (which would have to be on paper & singed), you might as well forget it. Next time you'll set rules or not loan your car out at all.

2007-03-26 06:59:35 · answer #2 · answered by kb9kbu 5 · 1 1

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2016-10-01 12:36:18 · answer #3 · answered by ? 4 · 0 0

Why would you drink out of his cup? That is just gross. According to you he said soda was in the cooler, not in the cup on the dash.

You should be thankful he let you use his car and let this be a lesson to you in why we are not supposed to drink out of peoples cups

In answer to your question. No he should not pay and if you went to court the judge would laugh

2007-03-26 07:40:07 · answer #4 · answered by mars1021 2 · 1 0

Why would you drink out of something on someone's dash? That's disgusting. It's your own fault for not looking in the cup in the first place, especially if you already know that he dips tobacco. A judge will laugh you out of court and your friend is gonna hate you for the rest of your life.

2007-03-26 06:17:17 · answer #5 · answered by Anonymous · 9 0

Shoulda, woulda, coulda! You borrowed his car when you could have taken a cab. He was being a friend to loan you transportation because you didn't want to spend the fare for a taxi and now you want to hold him responsible for your stupidity! It's his car; if he wants to live like a slob, it is his right to do so. As a "friend," you should have been aware of his habits and been more cautious. Hopefully you learned a lesson and you friend has now learned that you are not really his friend, just someone who takes advantage of him and tries to shirk responsibility. Grow up .... please!

2007-03-26 06:52:07 · answer #6 · answered by Roberta 4 · 5 0

You'd never win in small claims. You should have looked in the cup before your drank from it. Somehow like something you made up to see what kind of a rise you'd get out of people.

2007-03-26 15:59:57 · answer #7 · answered by Classy Granny 7 · 0 0

no not at all. you should have looked at the cup before drinking it plus it would have smelled. there are no laws about keeping your car clean so he's not responsible for your stupidity of drinking tobacco spit.

2007-03-26 08:49:08 · answer #8 · answered by aly 5 · 0 0

That's interesting, are you studying law? Morally, I think you don't have a case bc he let your borrow his car. I think it was incumbent upon you to know what you are putting into your mouth. If you sat down and knew the car was a little dirty, that should have clued you in on what to be putting into your mouth while you were in the vehicle.

2007-03-26 06:31:24 · answer #9 · answered by Lake Lover 6 · 4 0

No, it was an unfortunate incedent. You should be thankful you have a friend willing to lend you a car. He is a good friend and you should just forget about the $350.

2007-03-26 06:54:11 · answer #10 · answered by Anonymous · 3 0

your a bitc* get over it. yes its sucks but look in the cup be4 you drink. and you called 911 lol that's to funny go and get some H2O and you would have made your flight, get over it. I really hope this is a joke!!! think about what he did? he left a spit cup in HIS CAR. now he needs to pay you 350?, you dont have anything on him...

2007-03-26 06:24:46 · answer #11 · answered by Anonymous · 5 1

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