The Law Frog on KILO 94.3 – June 15, 2022

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

McDivitt Law Firm Frog

June 15, 2022

Legal Issues Covered This Week

Caller: A popular legal topic right now centers around the controversial lawsuit a woman has filed against Geico. After having unprotected intercourse with her boyfriend in the backseat of his vehicle, she claims to have contracted HPV. Given the status of their relationship, she is suing not only her boyfriend, but has also sued her boyfriend’s car insurance provider, Geico as liable. What do we make of this case?

David: This case is really unfortunate. While I do not want to trivialize the medical dilemma, these types of claim delegitimize property claims and personal injury cases. It is already so difficult to collect money from insurance companies, this only complicates matters and contributes to the cynical perception people have of the legal and insurance industries. Hopefully this will be appealed and does not stand moving forward. We will have to see how this plays out in Missouri.

Caller: Francis owned a mobile home in a trailer park, but sold it back to them seven years ago. To this day they have not removed his name from the title. Francis sent the title to their attorney seven years ago, but has been unable to get it changed.

David: If you don’t own it, you don’t want to be on it! I am not sure why this would take so long, it must have been made a low priority for the mobile home park. There are a lot of facts we don’t have and many parties that are involved in title and sale transfer. Especially with a mobile home, because you’re involving the DMV as well. My best advice would be instead of waiting for the mobile park attorneys to fulfill this, would be for Francis to hire his own lawyer. At least consult with a lawyer for some advice on what Francis could do himself. If Francis remains on the title he could liable if someone were to injury themselves on the property. Credit score could be impacted. A lean could filed and go towards Francis, etc. There are just too many scenarios where Francis could be implicated for something the new owner is responsible for.

Caller: Can you legally shoot squirrels in your backyard with a bb gun in Colorado Springs?

David: The squirrels, in Colorado Springs, have the right not to be shot. You can kill the squirrel other ways, but there is an ordinance in Colorado Springs that prohibits the unlawful discharge of a weapon. Backyard squirrel hunting would be such an occasion of unlawful discharge. This also includes bb guns and air guns. Traps, poison, other methods are acceptable to kill squirrels (which are considered nuisance animals in Colorado), but firearms are out of the question!

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