In the middle of the 'Shiva': The orphans received a lawsuit from a family member

Shlomo Ben Haim
April 2, 2014   
A defamation lawsuit for more than 100,000 shekels was filed just three days after the mother's death. The judge dismissed the lawsuit: "There is no justification for submitting a lawsuit to minors who have just buried their mother."
Photo: 
No featured image found.

About four years ago, the legal dispute between the family members reached its peak. The plaintiff went to court claiming that her relative had published slander against her after a financial dispute between the parties. According to her, she was accused of alleged involvement in a criminal case in the United States and of distributing bounced checks. On the other hand, the deceased's children denied the plaintiff's version and claimed that it was she who had harassed them while she was on her deathbed.

Today, a Tel Aviv Magistrate's Court judge sharply criticized the daughter of the family, a resident of the center, who filed a lawsuit for 126,000 shekels against her deceased daughter and her two orphaned children, just three days after her death, while the children are mourning their mother.

"It seems like a coincidence, but in fact it is intentional, as the plaintiff bothers to state the date of death in the lawsuit," emphasized Judge Oded Maor in the ruling. The judge added: "It would have been appropriate to show some degree of sensitivity and compassion. This is conduct that is unfair and lacking in good faith."

The judge was not satisfied with dismissing the lawsuit, and criticized the conduct of the parties, and especially against the plaintiff: "There is no justification for conduct that amounts to dishonesty and a lack of good faith in delivering a lawsuit to minors, who had just buried their mother."

The court rejected the plaintiff's request to compensate her with 126,000 shekels, since she failed to prove that the deceased had indeed acted unfairly. The judge also noted that even if the claim were accepted, the amount involved was excessive: "This is a case in which it would have been appropriate to award damages for contempt in the amount of a mere penny."

en_USEnglish
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram