On March 19, 2015 a
Order
was filed
for Conciliation Appeal
in the District Court of Hennepin County.
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27-CV-15-4412
Filed in Fourth Judicial District Court
6/22/2015 1:37:48 PM
Hennepin County, MN
State of Minnesota District Court
County of Hennepin Fourth Judicial District
Judge Bruce D. Manning
Ayawavi Degbe, Case Type: Conciliation Appeal
Plaintiff,
Order following trial
v.
Abdoulaye Toure,
Defendant. Case No. 27-CV-15-4412
Appearances:
Ayawavi Degbe for herself
Abdoulaye Toure for himself
The above-entitled matter came before Bruce D. Manning, Judge of District
Court, on June 16, 2015 on Degbe’s appeal from an unfavorable judgment in
conciliation court, for a new trial pursuant to court rules.
The standard is whether Degbe has proven her case by “the greater weight of
the evidence.”1 This means that the evidence, no matter where from, must convince
the Court that Degbe’s claim is “more likely true than not,” in order for Degbe to
prevail.
Toure and Degbe agree on the following: sometime around August 2012,
Degbe and others were in a car accident that resulted in injuries. Following the
accident, Degbe was sought out by a Dr. Soli and brought to treatment by Toure.
This was the first time Degbe and Toure met. The treatment and the transportation
to-and-fro were covered by insurance. Toure was paid by Dr. Soli for this work.
Degbe stated that by November 2012, she had come to know and like Toure
and to consider him a respectable elder. Because Toure had arrived in the United
States before her, she said she relied on him for advice. When he asked her to loan
her $1000 to cover some expenses, including airfare for his son, she testified that she
1CIV JIG 14.15.
27-CV-15-4412
Filed in Fourth Judicial District Court
6/22/2015 1:37:48 PM
Hennepin County, MN
agreed to extend him the money. She states that he came over close to midnight on
November 12 to pick up the check. The check was marked as Exhibit 1 and it bears
Toure’s signature on the reverse; he does not deny receiving the money.
Toure testified that the money was not a loan but payment for services
rendered to Degbe and her husband. He stated that he drove her and her husband
many places other than the chiropractor’s office and provided other sorts of work for
them. Although Toure criticized Degbe for not having a written loan agreement, he
also had nothing to offer to show he did any work for Degbe. Toure’s claim that
Degbe, a recent immigrant and student, paid him to chauffeur her to school (both
her home and her school are near downtown Minneapolis), is, for example, simply
not believable. Interestingly, Toure’s refrain during testimony and argument was
that he would never pay Degbe anything at all; it wasn’t that she wasn’t owed
anything at all.
The Court credits Degbe’s testimony and awards her the $1000 and her costs
associated with this matter. The total judgment is thus for $1,514.
Let judgment be entered accordingly.
By the Court:
June 19, 2015 _________________________________________
Bruce D. Manning, Judge of District Court
2
Document Filed Date
June 22, 2015
Case Filing Date
March 19, 2015
Category
Conciliation Appeal
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27-CV-15-4412 Filed in Fourth Judicial District Court 6/22/2015 1:37:48 PM Hennepin County, MN State of Minnesota District Court County of Hennepin Fourth Judicial District Judge Bruce D. Manning Ayawavi Degbe, Case Type: Conciliation Appeal Plaintiff, Order following trial v. Abdoulaye Toure, Defendant. Case No. 27-CV-15-4412 Appearances: Ayawavi Degbe for herself Abdoulaye Toure for himself The above-entitled matter came before Bruce D. Manning, Judge of District Court, on June 16, 2015 on Degbe’s appeal from an unfavorable judgment in conciliation court, for a new trial pursuant to court rules. The standard is whether Degbe has proven her case by “the greater weight of the evidence.”1 This means that the evidence, no matter where from, must convince the Court that Degbe’s claim is “more likely true than not,” in order for Degbe to prevail. Toure and Degbe agree on the following: sometime around August 2012, Degbe and others were in a car accident that resulted in injuries. Following the accident, Degbe was sought out by a Dr. Soli and brought to treatment by Toure. This was the first time Degbe and Toure met. The treatment and the transportation to-and-fro were covered by insurance. Toure was paid by Dr. Soli for this work. Degbe stated that by November 2012, she had come to know and like Toure and to consider him a respectable elder. Because Toure had arrived in the United States before her, she said she relied on him for advice. When he asked her to loan her $1000 to cover some expenses, including airfare for his son, she testified that she 1CIV JIG 14.15. 27-CV-15-4412 Filed in Fourth Judicial District Court 6/22/2015 1:37:48 PM Hennepin County, MN agreed to extend him the money. She states that he came over close to midnight on November 12 to pick up the check. The check was marked as Exhibit 1 and it bears Toure’s signature on the reverse; he does not deny receiving the money. Toure testified that the money was not a loan but payment for services rendered to Degbe and her husband. He stated that he drove her and her husband many places other than the chiropractor’s office and provided other sorts of work for them. Although Toure criticized Degbe for not having a written loan agreement, he also had nothing to offer to show he did any work for Degbe. Toure’s claim that Degbe, a recent immigrant and student, paid him to chauffeur her to school (both her home and her school are near downtown Minneapolis), is, for example, simply not believable. Interestingly, Toure’s refrain during testimony and argument was that he would never pay Degbe anything at all; it wasn’t that she wasn’t owed anything at all. The Court credits Degbe’s testimony and awards her the $1000 and her costs associated with this matter. The total judgment is thus for $1,514. Let judgment be entered accordingly. By the Court: June 19, 2015 _________________________________________ Bruce D. Manning, Judge of District Court 2