Possible Class action lawsuit...

[switlikbob]

Here's my problem:

Over the past few months, I have been having trouble with my Verizon cell phone reception at my house. After months of troubleshooting and opening trouble tickets with Verizon, the came to the conclusion that a nearby landfill is the root of my problems. Basically, the land fill trash mountain has grown upwards so much that it is blocking the cell tower that services my home area. Verizon won't give me this information in writing. I want the landfill company, Waste Management, to be liable for the damages they are causing me. I'm sure that other Verizon customers in the area are having the same issues. What do I do?

[Lester]

Well, you reallly can't go after Verizon because when you sign a wireless contract with them you agree to settle all disputes in arbitration and not court. As to Waste management you may have a cause of action. Let me research it a little nore and I will post more info for you tonight or tomorrow.

[switlikbob]

I don't want to go after Verizon...I want Waste Management to pay me...they are the ones causing my problem.

[switlikbob]

Any help on this?

[Lester]

If you haven't done so already, you should write a letter to Waste management (certified mail) and explain the situation. Tell them that you deserve compensation for their actions and that you are extremelt inconvenienced. If Waste managemnt has any brains they will try to help you because they don't want a lawsuit. The letter will have another purpose too. Hopefully they will make some type of admission that they are at fault. This will help you in a future lawsuit.

[switlikbob]

Lester,

I wrote these guys a certified letter, return receipt requested. This was over a month ago. I still have not heard anything back. What do you suggest that I do now?

[Lester]

The easiest thing to do is file a complaint against Waste Management in small claims court for nuisance. Nuisance is "the unreasonable interference by a person with an occupier’s use and enjoyment of his or her land". In the complaint you can also allege that Waste Management was negligent. The measure of damages would be probably be the amount of your cell phone bills while Waste Management interfered with you cell phone reception.

On the other hand, if you really want to put the fear of God in Waste Management you can file a complaint in Superior Court for an injuction directing Waste Management to adjust their landfill so as to not interfere with your cell phone. However, it takes some legal knowledge to do this and may be difficult for a pro se defendant.