Friday, August 21, 2009

Former Eagle Mtn. Wants Money Back Commentary

"Thursday, Gerald Kinghorn, the attorney for Eagle Mountain, argued that Olsen's lawsuit should be dismissed, stating that according to state code, Olsen's request for reimbursement should have come 10 days after he was served with a summons in 2006 notifying him of the charges.

"If he had come to the city and said, 'Look, I've been charged, I want you to be prepared to reimburse me for my attorneys fees if I'm acquitted,' we would have had to undertake something," Kinghorn said. "At least (we would have) known what was coming down the road and (could) budget for it."" - Deseret News

Chase's Take: I am calling B.S. on Kinghorn for saying that if Olsen would have come and told the city that they should have to reimburse him if found not guilty that the city would have complied.

Companies force people all the time to sign documentation stating that if they sue the company and lose, they pay all legal fees to prevent the court system from being overloaded with junk lawsuits.

I am not making excuses for Olsen, but to me this smelt like a junk lawsuit, only this time it was brought forth by the city. I believe the city should pay up. Unfortunately, that means it is coming out of our pockets because our city couldn't prove what they accused Olsen of.

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