It is no secret that we live in a litigious society. Big companies are frequently sued by thirsty lawyers making outlandish claims, simply because those companies have deep pockets. But what of the poor, uninsured, and elderly widow? And what if this widow did nothing wrong? Surely such a target is off limits to any respectable lawyer, right? Think again.
The Mounce Green law firm in El Paso, TX is suing someone for having their vehicle stolen. Yes, you read that right.
Here’s what happened:
On November 7, 2017, a German citizen named Andree Tschense was driving in El Paso, Texas when his car was rear-ended by another vehicle. A man named Michael Osborne ran into the back of Tschense’s car. Mr. Tschense claimed to have sustained injuries from the low-impact collision.
That, in itself, is nothing strange. Car accidents like these are a common occurrence. But what happened next is as perplexing as it is shameful.
Evidence shows that the car that Michael Osborne was driving was stolen. But on October 28, 2019 – a full two years after this minor collision, the El Paso law firm of Mounce, Green, Myers, Safi, Paxson & Galatzan filed a lawsuit (Cause No. 2019-DCV-4189 in the County Court at Law Number Three of El Paso County, Texas) against the widow of the deceased owner of the vehicle who was living in Houston when the accident happened in El Paso.
So who is the Mounce Green law firm suing? An old, unemployed and uninsured widow, who suffers from memory loss and anxiety — who wasn’t even in El Paso when the accident occurred. In fact, she had never met, seen, or even talked to Osborne, was unaware that anyone was even operating the vehicle that belonged to her late husband, and was unaware that a collision had even occurred with her late husband’s car until she was notified of a lawsuit against her two years after it happened.
So, what did this poor grandmother allegedly do wrong that warrants a lawsuit?
According to the Mounce Green law firm, she did not adequately “secure” her late-husband’s vehicle. In other words, these thirsty lawyers allege that the elderly widow is responsible because her vehicle was stolen by Osborne while she was living in a different city following her husband’s death.
That bizarre and novel legal theory—which is being advanced by attorneys David Mirazo and Cal Mundell—is the very definition of a frivolous lawsuit.
But at what point does a lawsuit become a shakedown? What types of lawyers file shakedown lawsuits? And if a shakedown is necessary, why would a lawyer shakedown an uninsured and poor widow?
One thing is clear: America’s legal system is broken. Mirazo and Mundell’s lawsuit simply demonstrates the length to which some lawyers will go to make a buck.
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