Curtis Gokey, a resident and dump truck driver for the city of Lodi, California, found himself in an awkward situation during a winter storm in December. While backing up the city’s dump truck, Gokey accidentally collided with his own personally owned vehicle, causing significant damage.
His insurance wouldn’t cover the damage, leading Gokey to file a claim with the city for $3,600. Despite admitting the accident was his fault, he still sought compensation from the city for his vehicle, which he shared with his wife, Rhonda.
Understandably, the city rejected the claim since, in essence, Gokey was attempting to have the city pay for damage he caused to his own property. Not to be deterred, Rhonda Gokey then filed a separate claim, this time in her name only, increasing the claim amount to $4,800. She argued that her husband’s involvement in the accident created a conflict of interest, and she claimed entitlement to a replacement vehicle and insurance, asserting, “I have the right to sue the city because a city’s vehicle damaged my private vehicle.”
However, her claim was also dismissed. Lodi City Attorney Steve Schwabauer explained to NBC News that the claim was baseless, particularly since Curtis had confessed to being at fault. He also highlighted the legal context in California, where community property laws mean that assets and liabilities are shared between spouses. He noted, “You can sue your spouse for divorce, but you can’t sue your spouse for negligence. They’re a married couple under California law. They’re one entity. It’s damage to community property.”
This incident serves as a cautionary tale about the impracticality and futility of trying to claim damages from oneself through another entity, especially in a community property state like California.