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For Immediate Release – February 17, 2005

Contact:
Adrienne ("Andy") Kotner
President
Citizens Against Lawsuit Abuse
1761 Hotel Circle South, Suite 120
San Diego, California 92108-3318
Tel: (619) 295-6059
Fax: (619) 295-6710
E-mail:
sdcala@sbcglobal.net

 

CALA Loony Lawsuit of the Month

A monthly look at the looniest lawsuits in the land

 

San Diego - Citizens Against Lawsuit Abuse announced its Loony Lawsuit for the month of February.  This month’s frivolity comes from the Rocky Mountain State of Colorado, where two teenage girls decided one summer's evening to skip a dance to stay home and bake cookies for their neighbors. 

 

The July 31st, 2004 deliveries consisted of half a dozen chocolate-chip and sugar cookies accompanied by big hearts cut out of red or pink construction paper with the message: "Have a great night." 

 

Apparently, not all of the neighbors were cookie lovers.  One of the recipients claimed that the girls scared her into an anxiety attack forcing a visit to the local emergency room the next morning.

The girls wrote letters of apology to the homeowner.  One letter, written a few days after the episode, read in part: "I didn't realize this would cause trouble for you. ... I just wanted you to know that someone cared about you and your family."

The families had offered to pay the medical bills if she would agree to indemnify the families against future claims.  However, the homeowner wouldn't sign the agreement. Her solution was to file a lawsuit not only for medical expenses, but for punitive damages as well.

 

The woman ended up winning her medical costs, the exact sum the parents of the girls offered to pay her without the need for a lawsuit.  The judge said that he didn't think the girls acted maliciously but that it was pretty late at night for them to be out. He didn't award any punitive damages.

 

“At the end of the day, the plaintiff received exactly what she would have without a lawsuit, yet the Colorado taxpayers got to pick up the bill,” stated Andy Kotner, President of San Diego County Citizens Against Lawsuit Abuse (CALA) “It is unfortunate that so many people in our society think the best action is to clog our courts with meaningless lawsuits instead of working with their neighbors for a mutual resolution.  This is more proof that no good deed goes unpunished, err, un-litigated.”

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Citizens Against Lawsuit Abuse (CALA) is a non-profit, educational, grassroots organization composed of small business and professional people, consumers and others dedicated to the reform of our civil justice system. If you would like to be added or deleted from this list, or to request a CALA action kit, please reply to Andy Kotner, San Diego CALA, 1761 Hotel Circle South, #120.   Feel free to forward this communication and visit our website at www.sdcala.org.