Thursday, June 14, 2007

Pearson v. Custom Cleaners - Trial Over, Verdict Pending

"It was a long two days," Judge Judith Bartnoff said.

And it seems the speculation, buzz and banter about the Pearson v. Custom Cleaners lawsuit was more exciting than the actual trial.

Marc Fisher, the writer who first brought this story to my attention, covered the second and final day of the trial at his blog.

The judge showed the type of prudence and restraint you would expect in a judge, which was highlighted in this exchange between judge and plaintiff (Pearson):

"Your position," Bartnoff said to Pearson this morning, "is that 'Satisfaction Guaranteed' means they have to satisfy whatever you demand, with no limitations, absolutely unconditionally?"

"That's correct," Pearson replied.

"I have grave doubts about that," said the judge.

See, this entry in Fisher's blog here.

I particularly like that Judge Bartnoff told Pearson to stop using the word "we."

"You are not a we, you are an I," Judge Bartnoff told Pearson. "You are seeking damages on your own behalf, and that is all."

Pearson has been trying to turn this into a class-action style lawsuit all along.

And, yeah, sure, I hate the business practices of the Korean dry cleaner in my neighborhood, too; and I dislike it when he pretends that he doesn't understand English and can't negotiate a conflict or confusion. I wish the Korean mafia that runs New York's dry cleaning cosa nostra would switch to an industry I don't use. None of their actions, however, are actionable! I am not going to sue the guy because my trousers are misplaced for a week! I've had English, Irish, Italian and Latina dry cleaners in four states and two countries misplace my clothes over the years and they eventually come back.

One time a shirt never re-appeared and I received a check for forty-six dollars, which I thought was the fair price for a used dress shirt. I probably could have gotten the entire $92.00 the shirt originally cost, but I thought I would be equitable, and since the shirt was two years old, I asked for half its cost. It took over a month for the check to arrive. I didn't think to sue for fifteen hundred bucks a day! Stupid me!

Pearson might win his case about the signs "Satisfaction Guaranteed" and "Same Day Service" misleading him.

But, I hope he doesn't.

I hope he loses and is forced to pay the dry cleaners' legal fees.

We will know next week.

The New York Times has a good story: Judge Tries Suing Pants Off Dry Cleaners.

Dick Mac Recommends:

The Divine Comedy
Dante Alighieri

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