03x02 - Crash Caught on Camera and Fundraising Tragedy

[bunniefuu]

When it was totaled, it was parked.

-Yes, ma'am.
-And I had no idea what happened.

The guy in the blue BMW was, like,
hitting me while I was emerging

and then he goes into her parked car.

By the grace of God,
that man wasn't k*lled.

[announcer]
This is Judy Justice.

[theme music playing]

Bonnie Bailey is suing driver
Steven Cikos for vehicle damage

after her car was hit during an accident.

[Bailiff Rasco]
Court come to order.

All rise.

Have a seat, please.

Hello, Judge. Case number 3014,
Bailey versus Cikos.

-Thank you.
-You're welcome.

Miss Bailey, your car was totaled
on what day?

On April the 4th.

-Of this year.
-Yes, ma'am.

When it was totaled, it was parked.

-Yes, ma'am.
-Approximately what time?

I believe my braces appointment
is like around 9:40...

-In the morning?
-Yes, ma'am.

And when had you parked the car?

For my braces tightening,
I was at the dentist.

-You were at the dentist?
-At the at the orthodontist.

And I was getting my braces tightened,
so, I had just parked the car

at the first meter
that I'd seen available,

and as I was getting my...
they were taking the wires out...

they called me and said, "Hey,
what kind of car do you drive?"

I said an Audi.
They said, "Hmm."

Okay. You came outside
and what did you see?

Big commotion.
I seen a few cars were hit.

I seen some people in tears.
I seen my car.

That's kind of all I cared about
was my car.

Someone had to catch me.
I was kind of startled.

I was like,
"How did this happen?"

I ended up seeing police
coming towards me.

They were, like, kind of already...

I don't know if they were on the scene,
or had just arrived when I got out there.

And they were asking me
questions of what happened.

I had no idea what happened.

-You said, "I had no idea what happened."
-Yes, ma'am.

Do you have a police report?

They told me anything
that involves a hit-and-run,

anything that involves any type of
collision is required of the parties...

The answer is
you don't have a police report.

-Do you?
-No.

-Okay. So, you don't know what happened?
-No, ma'am.

-From the time of the incident.
-No, ma'am.

The defendant's car
was involved in this accident.

-Correct.
-Of course, it had to be an accident.

It wasn't an on-purpose.
And that's why you're suing him.

-Yes, ma'am.
-You didn't have collision on your car?

It was all paid off.

[Bonnie] It was all paid off.
Correct.

So, I assume you kept your insurance down
by not having collision.

Yes, ma'am.

Got it. And now nobody wants
to take responsibility.

And you've got a parked car
that's now totaled.

-Yes, ma'am.
-That's why we're here.

-Yes, ma'am.
-So, you were involved in this accident,

-Mr. Cikos?
-Cikos. Yes.

Okay. Where were you going?

Going to drop my girlfriend
back off at home before I left for work.

What kind of car were you driving?

-A 2011 Mazda 3.
-Tell me what happened.

I looked over
my right shoulder.

I was getting ready to make a merge
into the right-hand lane.

[Judge Judy] Okay, So you're traveling
in the left lane?

-Yes.
-And how many lanes of traffic

-are there in your direction?
-Two.

So you were originally traveling
in the faster lane, on the left.

For how long had you been
traveling in the faster lane to the left?

Maybe half a mile, quarter mile.

And, then, you were merging over
to make a right turn?

No, just merging over
to get in the right-hand lane.

What were you moving over to get
into the right-hand lane for?

Because when it gets
to Beverly and Alvarado,

a lot of cars are waiting
to make a left-hand turn,

which is about, maybe, a quarter mile
from where the accident happened,

so, just in preparation,
I got over

so, I wouldn't be stuck behind those cars
and the light.

Okay, so, you make this run
all the time.

-[Steven] Correct.
-I assume.

-Mm-hmm.
-Okay, so, you're traveling along.

You're not making a right turn,
but you want to get into the right lane

to avoid further up
where people get into a left lane...

There is no left lane...

Where the people are making a left turn
and there's usually a backup,

-you wanted to avoid that and get over.
-[Steven] Correct.

Had the traffic started
to slow down already?

No, not yet.

[Judge Judy]
Okay, so you put on your blinker.

-Correct.
-And then what happened?

I looked over my right-hand shoulder
behind me to the right way back

was a white car and the blue...
I think it was a BMW...

a blue BMW was behind me
in the fast lane.

Was behind you in the fast lane?

-Correct.
-Go ahead.

I looked over my right hand shoulder.

I turned on my blinker
and proceeded to merge lane.

And, at that point, I, like,
look forward again

because there's no one next to me.

I'm looking forward and out of nowhere
the guy in the BMW cuts off the white car

and tries to speed past me to pass me up

where it involves,
like, hitting me while I was merging.

and then he goes into her parked car.

-[Judge Judy] So, the BMW hit her car?
-Correct.

My car never made
contact with hers.

[Judge Judy]
Well, whether you made contact or not,

that doesn't mean you're
necessarily not at fault.

Which is, I assume, why I have
the screen up here.

So, let me reiterate
what I think your position is.

You were dropping off girlfriend
and you're in the left lane.

Wanting to go into the right lane to avoid
something that may come up in the future,

Since you were familiar with this road.
You put on your blinker.

All you see in your rearview mirror,
looking to your right,

is a white car, and you have plenty
of time in order to merge over.

-Correct.
-So, you start to go over

and a blue BMW that's behind you,

moves over faster to that lane,

to merge over faster into that lane,
hits you,

the BMW hits her car, not your car.

-Correct.
-That's your position.

Is that what I'm going
to see on the video?

-Yes.
-I'd like to see it.

Yeah, he's right.
It's the BMW's fault.

[theme music playing]

The BMW driver is lucky he wasn't
arrested for vehicular homicide.

That was just by the grace of God

that that man in the little blue,
looks like a Volkswagen, wasn't k*lled.

[announcer]
And later today...

Your daughter was tragically k*lled
in an automobile accident.

She had three children.

Her three children
are now with you.

-Correct.
-Did they come to live with you

immediately after her death?

[theme music playing]

Bonnie Bailey claims driver Steven Cikos

caused a car accident and owes
for damage done to her vehicle.

He's right. It's the BMW's fault.

I talked to the BMW's insurance,
and they said they weren't paying out

because they said they weren't at fault
for the accident and to go after...

Well, I'm telling you,
you bring me the BMW,

I'll give you your money.

That's what it looks like to me.

The BMW was clearly behind him.

His car had already
started to merge over

and was halfway into the right lane.

When the BMW...
watch it...

See his car's moving over?

The BMW came from behind him.
Let's do it again.

Absolutely right.

You bring me the right person
and you get your decision.

-Do you understand?
-Yes, ma'am

I don't see how he could have
avoided this accident.

Take a look at it very, very closely.

Do it one more time.

He starts to move over.

He's over already.

The BMW cut off the white car.

Is that what you see, Sarah?

I'm just thinking that that person in the
little blue car is the luckiest guy alive.

You see him standing outside his car?

[Judge Judy] No, I didn't.

-You see him opening that door?
-Oh, that one.

That van almost gets
absolutely obliterated by that car.

-You know, I didn't see.
-Sorry, a little distraction,

but that's what I was watching.

That's just traveling much, much too fast.

-The blue BMW.
-Mm-hmm.

Reckless. He almost got k*lled.

-Yeah.
-Yeah.

I don't know if you will
return with that BMW owner,

but I have no objection to signing
a document that you might want

to show the BMW's insurance carrier.

Did you also try to sue the BMW?

I didn't try to sue.
I was going through my insurance

and they told me to contact his insurance,

and I called them
and I told them I had another witness too.

And they were, like, "We weren't aware
there was another witness.

We knew that there was a video."

And that was the last I heard of them.

And then the next thing I heard
was she was taking me to court.

Why did you choose him
instead of the BMW?

Well, I went after both of them.
I looked at the video multiple times

and it just looked like
he was more so at fault.

But I did go after the BMW's insurance
and the insurance told me

that they weren't going to pay out
because, one, he had limited insurance,

and it wouldn't cover the damages
as to how much my vehicle had,

and, second of all,
they told me that they seen

that Steven Cikos was at fault
and I had to go after him.

No, their BMW driver is lucky
he wasn't arrested for vehicular homicide.

That was just by the grace of God

that that man in the little blue,
looks like a Volkswagen, wasn't k*lled.

So, you bring me the right person,

I'm more than happy
to give you a judgment.

-Do you understand?
-Yes, ma'am.

That's it.
This case is dismissed.

[Bailiff Rasco]
This court is adjourned.

I've been watching her
since I was a little kid,

so, I knew she doesn't come out
with the right decision.

I guess I got to go after
the right person, right?

It just came out of nowhere,
the crash.

I didn't see him coming.

I see it as that both
of their butts are at fault.

Let her go after that driver.

I guess I'll really try to go after

the BMW's insurance much harder
or take him to court.

If I were this plaintiff,
I would have sued both of them.

I don't know which one of you
was at fault.

So, I'm going to sue both of you.

I know one thing.

My car was parked
and I was getting my braces fixed.

So, it wasn't me.

There was no question that that BMW
was speeding, driving recklessly.

There was no way that the defendant
could have avoided this mishap

because he was just
speeding so recklessly.

I think you gave her a good lesson.
She seemed like the type

that would take that advice
and move on it.

And, so, I think she would be
in her best interest to...

-To come back.
-...come back.

-And I would love to see him.
-Me too.

Speeding down a street
where he almost k*lled somebody.

-We'll give him a good lesson.
-Yes.

Case number 3013,
Tule versus Messenger.

All parties,
please step forward.

[announcer] Cheryl Tule is suing
her former daughter-in-law,

Aerial Messenger, for benefit money
raised for her grandchildren.

Miss Tule, this is your former
daughter-in-law.

-They were never married.
-Okay.

They were together for how long?

Because you identify her in your complaint
as "my ex-daughter-in-law."

And how long has Miss Messenger
been separated from your son?

Probably five, six years.

[Judge Judy] And in December of last year,
you have a daughter,

your daughter was tragically k*lled
in an automobile accident.

She had three children.
Her three children are now with you.

-Correct.
-Did they come to live with you

-immediately after her death?
-Yes.

According to your complaint,
the defendant was touched by this tragedy.

You don't say that,
but that's what it appears.

And decided to hold a fundraiser
for the three children.

What kind of fundraiser did you decide
to hold for the three children?

-I did a spaghetti dinner.
-Where?

At a bar that I work at.

-Did the bar donate any part of...
-[Aerial] Their space.

-They donated their space?
-Right.

My boss allowed me to have it.

And tell me how it worked.

People came for a spaghetti dinner,
dinner was so much,

and anything over that dinner
went to the fund for the children?

Correct. All of it went to the fund.

They would come in. If they wanted to
purchase a meal, they would get a ticket,

then they would go and grab the meal.

And we had a bake sale.

Also, had raffles
and stuff like that.

So, there was
an entrance fee to get in.

-Basically, yes.
-Not "basically."

-Was there an entrance fee to...
-There was not.

You paid for
a spaghetti dinner.

-And how much was that?
-It was $15.

You got a to-go box.

Who provided the dinner
is what I'm trying to...

I had people donate the food.

And that was the only
fundraiser you had?

-Correct.
-This is what the case is about.

The case is about the fact that...
put your hand down...

that she says $1800
was raised at that dinner.

You don't seem to deny
that $1800 was raised

for the benefit of the children.

The plaintiff has custody
of the children.

She says, you should
turn that money over to her.

And your position is that,
"I'm waiting for

Social Security numbers for the children

so, that I can open up
accounts for the children."

-Correct.
-Okay. That's your position.

-Correct.
-Okay.

How much planning
did you have to do

for this dinner?

-We served it.
-Who set it up?

I'm not sure.

Okay, so, if you're not sure,
she says she set it up.

So, the defendant set it up.

Did you have any conversation
with the defendant

prior to the event,
which I assume you attended?

-Yes, I did attend it.
-For the whole thing?

I had to leave at 9:00 because I had
to take the children out of the bar.

[Judge Judy]
Okay. What time did it start?

[Cheryl] 7:00 or 8:00.

So, you were there for an hour?

No, we were there...

We went and got where we were
serving it set up too.

-Okay. So, you were there until 9:00?
-Yeah.

During that time or before that time,

did you ever have a conversation
with Miss Messenger

about what would happen
to the funds that were collected?

Never.

-Never?
-Never.

Well, then, can you explain
your position to me

as to why you think
she has to give you that money?

[theme music playing]

She ran a benefit
for the benefit of the children.

And what she's
supposed to do

is open up accounts
for the benefit of the children.

Did you go to the bank
and say to the bank,

"I want to open up accounts
for the benefit of the children"?

[theme music playing]

[announcer] Cheryl Tule claims her former
daughter-in-law, Ariel Messenger,

is wrongfully keeping
money raised for her grandchildren.

Can you explain your position to me

as to why you think she has
to give you that money?

Okay, first of all, the benefit... I had
no idea until the day before the benefit.

She did not ask me.

No, just a second.

Did not include me.

-She doesn't have to.
-Okay, Okay.

Okay. She doesn't
have to ask you.

She doesn't have to include you.

It would be nice.
But she doesn't have to ask you.

She doesn't have to include you.

Okay. And what was the date
of this event, by the way?

-The 9th.
-The 9th of?

December.

And when was the accident
with your daughter?

December 3.

So, it was relatively quickly
after that?

Yes.

Okay. So, now we're going
to get back to why you think

that you have a position,
a legal position,

where she has to turn
that money over to you.

Okay. I have interim
custody of the children.

-[Judge Judy] Mm-hmm.
-There is expenses.

My daughter's apartment had to be emptied.

I had to put her stuff in storage.

I'm not physically able to be moving

their belongings into our house
that we just got

for the three children and myself.

I not only had to empty the apartment,
get it in storage...

But, so, what you're telling me
is that you had expenses.

Yes, I have.

That's not a reason
that she's got to give you money

she raised for the benefit
of the children.

But the benefit stated... there was a flyer
put out for Randy Hoteling,

to help her lay at rest
and her three children.

It never said about accounts.

I have opened... when this happened,
and the kids come with me...

I opened accounts for the kids.

I went to my credit union
to see if I could open accounts...

-That's a good idea.
-if I could open accounts

that they couldn't touch,
nobody could, till they were eighteen.

I couldn't because of them being minors.
They had to go under my name,

but they're in their own accounts.

I have that on my phone
that I can show you.

It's nice that you
have accounts for them.

But I feel that If you're
going to do a benefit,

that that's wonderful,
that you would do something like that.

But do what you say
you're going to do in the benefit.

That's what she says
she wants to do.

She said she needs the children's
Social Security numbers

so that she can open up an account.

You can have accounts under
Uniform Gift to Minors Act...

-Mm-hmm.
-...in every bank,

in every financial institution,
that are in your name,

for the benefit of a child,
which is what you can do.

I know. I have thirteen grandchildren
and one great-grandchild,

and I have accounts for all of them.

Okay. But I have a brother,
and if my brother said,

I want to open up accounts
for your grandchildren,

and I said, "Well, give me the money
because I have the accounts already."

He'd say, "No, I want to be
in charge of those accounts.

That's what I want.

I got the money, but I want it
for the benefit of the children."

And what I'm telling you
is she can open up the accounts

for the benefit of the children
just as well as you can.

Just because you have expenses, Miss Tool,
that's not what this benefit was for.

In her mind. She ran the benefit and
you said you had nothing to do with it.

She ran a benefit for the benefit of the
children and what she's supposed to do

is open up accounts
for the benefit of the children.

Did you go to the bank

and say to the bank, "I want to open up
accounts for the benefit of the children,"

and did the bank advise you
that you needed any particular document?

-Yes.
-And what document...

That I needed some form
of Social Security numbers

because, again, I wanted to be
the primary person

to where she couldn't
have access to it.

Okay. Where do you come from?

What jurisdiction?

Toledo, Ohio.

And how did you get here today?

-I...
-On a plane?

On a plane. Yes.

And there were certain expenses and fees

that you would be receiving
for traveling to do your case here.

-Correct.
-We're going to hold those fees.

And I see that I'm not going
to get any cooperation from Miss Tule,

even though I've told her that she can
give you the kids' Social Security number

so that you can open up these accounts
for the benefit of the children.

That's her prerogative.

But you can go to the bank
and get savings bonds for the children,

and you don't need their
Social Security number.

-Okay.
-All you need are bonds in their name.

What I'm telling you, Miss Tule,

if she had their Social Security number,
that money would be growing interest.

So, at a certain point,
they'll be able to cash in these bonds

and have a little spending money
when they either go away to college

or start a job or are looking
for an apartment or something.

I assume that you get
some sort of benefit for the children.

-No, I do not yet.
-Okay.

Was their mother a working person?

Yes, she was.

Well, if she's a working person
and, then, the children

are entitled to Social Security benefits.

Was she a working person all of her life?

Yeah, pretty much.

Well, if she was a working person
all of her life,

she was entitled to Social Security

and if a person who was entitled
to Social Security dies,

children, minor children,
are entitled to Social Security.

Did anybody
tell you that?

They did tell me that.

-Okay, so why didn't...
-Works out custody...

They couldn't do it
until that was established.

Well, no, they could do it.

[Cheryl] That's what I was told.

-Well...
-And I went down there.

Who are you arguing with
over custody?

Nobody. The fathers want them
to stay together

because they've been
through enough tragedy,

and so I'm not arguing with them.

Are the fathers
contributing to their support?

The one said he has been
but it's just sitting there, he said,

"Do you know what's going on?"

I said, "Everything's at a standstill
until June 7."

So, it's going to be resolved
relatively quickly.

-Yes.
-Okay, good.

What I said to you is if she had
their Social Security number,

she could put it in an account
that may bear some interest for them.

If she does bonds, they have to wait
until they're 21 years old.

It's a relatively short period of time.

I can do bonds.
That's fine.

-It wasn't...
-I don't know if they're long enough.

-Right.
-What's your objection

to giving her
their Social Security number?

Because for one thing,
she's not financially stable.

She has ran bills up on a family member.

Okay, so, you would prefer
that she buy a bond?

-Yeah.
-A seven-year bond.

But, also, what about the help
with the daughter?

I mean, it's right there on the flyer.

You mean for your daughter
who is deceased?

-Yes.
-She can't help her, Mrs. Tule.

She can't help her.

-So, that was false on the flyer?
-No, she can't help...

She can't help her.

-Right.
-She can't help her.

-Right.
-And, so, her and the children...

And if you're not going to allow her
to have their Social Security numbers

so she can put it in an account,

she is going to buy U.S. bonds
for the children, in the children's names,

and my clerk in the back
will hold everything

until we receive proof that those bonds

have been purchased
in the children's names.

Hold on to them
until the children are 18

and then you can give it to them.

-Okay.
-Because you can't cash them in anyway.

-Right.
-Okay.

-Yeah.
-This case is over.

-Thank you very much.
-[Cheryl] Thank you.

[Bailiff Rasco]
This court is adjourned.

[theme music playing]

It's awesome that
somebody would want

to take that opportunity
to do that, to help somebody.

I'm happy.
They'll have their bonds

and everything
will be taken care of.

But when they don't use
the fundraiser for what it said,

I feel they're-they're
cheating the people that did it.

You know the date, the timing of this,
was really super-important.

This tragedy occurred, and within three
or four days, this event was put together.

And it was put together, I'm sure
out of adrenaline, "What can we do?"

And the flyer said it was for the benefit
of her deceased daughter,

which, of course, there can't be any
benefit to the deceased daughter.

The benefit has to be
to the deceased daughter's memory

through giving the kids
an extra couple of bucks,

and you're talking about, really, $550
or $600 for each of the three children.

But, at a point, that $600
will be important.

So, they'll have a bond.
It'll mature.

It will mature into, I don't know,
$800 in five years.

Not the best way to invest money,

but at least it keeps the peace.

[announcer]
Are you having a family dispute?

Go to JudyJustice.tv.

[theme music playing]