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Thread: I can't believe this is making it to court

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  1. #1
    Join Date
    Apr 2001
    Location
    indianapolis,indiana usa
    Posts
    22,881
    Quote Originally Posted by Cataholic
    Sure, the fantastic sounding nature of the suit IS an attention grabber. But, you have to look past that to understand the legal system. He is suing under the consumer sales practice act (what it is called in OH, I imagine each state might call it something different) for a couple of reasons (aka, 'theories). It isn't the AMOUNT of money that he is suing for that makes the conduct actionable, it is the theory. So, strip aside the money, and you have to here, as the value of the pants is minimal. If he would have said that his damages were strictly limited to the value of his pants, the case would have been over long ago- the defendant could have confessed judgment, paid the money into escrow(presuming the plaintiff wouldn't have taken it), and the case would have been dismissed.

    The guy is suing because he can. Many people can't. Either the system is unaffordable to them, they don't have the staying power to finish, they just don't understand their rights, or, they feel 'bullied'. The Judge will make the determination as to the amount of damages (even if the Jury makes a determination). So, the dollar amount is simply a way to make these people wake up.

    I imagine none of us know all the facts. Maybe these dry cleaners have gotten by a long time on this sort of practice. I dunno, and neither does anyone else.

    But, to simply say the guy is an a$$ because of the amount of money he is suing for, or, WHY he claims he is suing isn't right. There are lots of cases that I see, weekly, that I say, "WTH?", BUT, my determination of worthiness isn't really the ONLY determination of worthiness.

    I don't want anyone else determining just what in my life is worthy to persue. That is a slippery slope.

    Thanks for explaining this much better than I could.There are probably
    many people who could recount their own horror stories about dry cleaners
    and their "take it or leave it" attitude.
    I've Been Boo'd

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    Today is the oldest you've ever been, and the youngest you'll ever be again.

    Eleanor Roosevelt

  2. #2
    Join Date
    Nov 2006
    Location
    California
    Posts
    11,778
    I read the article, but did not read through all of the posts.
    My parents have owned a dry cleaners for almost 40 years....longer than I've been alive. If (and when...it has happened) they loose an article of clothing they would ask the customer to supply a receipt, or purchase a new like item and bring in that receipt and they would reimburse them for it. Sometimes people would claim an article of clothing was way more expensive than it was. That's why they request a receipt of some kind.
    My dad has been sued before. I can't remember the details of the case, but I remember him having to go to court.
    So it just seems to me this guy was angry at his own life situation and decided to take it out on someone else. I also don't understand why the owner of the cleaners didn't try to settle out of court. A $50 pair of pants doesn't seem worth going to court over, from the cleaners perspective. It'd be cheaper to pay the money for the pants than the amount the man is suing for. Like I said, maybe they didn't have the option to settle out of court???
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