Ever thought of suing someone or a company? Not a good idea. A client once advised me “Never sue, let the other guy sue you.” Normally, this is sound advice and the entire idea of suing someone in Small Claims Court is an experience I would normally not entertain. After all, I am not an attorney or a professional litigant. However, there are moments in life when the dander is up, injustice has been done and the only recourse is: SUE.
Such was the case with my beautiful, precious, intelligent
and incredibly spoiled six-pound, eight-year-old Maltese, Munchkin, who sadly
left me after eleven years and ran off to doggie heaven. She and I were very
good pals and I took exquisite care of her as befits a princess pup. My decision to buy Munchkin fulfilled three
essential criteria. I would never have to walk her (she could be house
trained). She would be light enough to be portable so she could fly with me and
I could groom her. Having previously had
three West Highland White Terriers who had to be walked at least three times a
day whether the weather was clement or not and they had to be professionally
groomed four times a year for lots of money so they required rather expensive
upkeep. Munchkin fit the bill. She was a very healthy, adorable dog except
for her penchant for guarding our home and me. As I said she was perfect.
So when I was in the hospital a while ago and my daughter
was dog sitting, she took Munchkin to a fancy groomer so I wouldn’t have to
deal with bathing and combing when I returned home. Within one week, the dog
was sick as a dog and her beautiful, long silky hair was a mass of tangles
impossible to comb. We couldn’t imagine
what had happened. Since I was
incapacitated, my daughter rushed her to Dr. John, the family veterinarian. After
examining her, he called me saying that he couldn’t believe this was my dog
because she was such a mess. After a
variety of tests, it turned out that poor Munch had not one, but two bacterial
infections, a fungal infection and dermatitis. Since she hardly ever walked in
the street or came in contact with other dogs, the only place she could have
contracted all that was at the groomer's. My deduction was that either their
instruments and/or grooming table were not sterilized or she came in contact
with an infected dog. Or all of the above.
The poor thing was sick for three months and had to wear one of those odd-looking lampshades around her head and a baby T-shirt around her chest and belly so she couldn’t scratch. I must admit, she did look odd. There I was recovering from major surgery and nursing Munch. Something was wrong with this picture. You can’t imagine how many different medicines that dog had to take or the size of the bills. Gargantuan would describe them and that’s after the cost for the grooming. I was outraged.
Therefore, I wrote a letter to the owner of the fancy grooming salon enclosing the vet’s bills and informed her that if I did not receive full compensation for all the bills, I would sue them. About two weeks later, I received a call from their insurance adjuster, a most unpleasant fellow who informed me I had no case. "Yes I do,” said I, "and if I don't receive full payment for my costs, I am going to sue in Small Claims Court." His response was amusing. "Well, we’ll give you $200 because that's what it will cost us to send an attorney to court." My response was terse: "You have a very cheap lawyer. I’ll see you in court." He was not intimidated nor was I.
The consensus of friends and family was essentially don’t bother, it's such a hassle, you’ll never see a dime. Undaunted, I went down to the courthouse, gave them $10 for the cost of filing the suit and was given a date for the hearing that was scheduled within just three weeks. I pulled all the bills together and was ready for them.
The courthouse was packed. I waited about fifteen minutes when a gentleman called my name and the groomer’s and gave us three choices. One, we could have a hearing before the judge. Two, we could appear before an arbitrator and, if not satisfied with his/her decision, could then appear before the judge. Or three, we could simply have the case heard by an arbitrator. I voted for number two. The groomer’s lawyer nixed that; he wanted number three. That was OK with me and off we went to see the arbitrator.
The arbitrator seemed a very pleasant gentleman. “I understand this case concerns some property,” was his opening. At that point, I removed a framed portrait of Munchkin (the only great photograph I had ever taken) and informed him that this was the property in question. He apparently had a sense of humor because he tried to stifle a smile. I then proceeded to present my airtight case relating all the gruesome details. Then it was her attorney's turn.
“How do you take the dog to the vet?” asked he.
The poor thing was sick for three months and had to wear one of those odd-looking lampshades around her head and a baby T-shirt around her chest and belly so she couldn’t scratch. I must admit, she did look odd. There I was recovering from major surgery and nursing Munch. Something was wrong with this picture. You can’t imagine how many different medicines that dog had to take or the size of the bills. Gargantuan would describe them and that’s after the cost for the grooming. I was outraged.
Therefore, I wrote a letter to the owner of the fancy grooming salon enclosing the vet’s bills and informed her that if I did not receive full compensation for all the bills, I would sue them. About two weeks later, I received a call from their insurance adjuster, a most unpleasant fellow who informed me I had no case. "Yes I do,” said I, "and if I don't receive full payment for my costs, I am going to sue in Small Claims Court." His response was amusing. "Well, we’ll give you $200 because that's what it will cost us to send an attorney to court." My response was terse: "You have a very cheap lawyer. I’ll see you in court." He was not intimidated nor was I.
The consensus of friends and family was essentially don’t bother, it's such a hassle, you’ll never see a dime. Undaunted, I went down to the courthouse, gave them $10 for the cost of filing the suit and was given a date for the hearing that was scheduled within just three weeks. I pulled all the bills together and was ready for them.
The courthouse was packed. I waited about fifteen minutes when a gentleman called my name and the groomer’s and gave us three choices. One, we could have a hearing before the judge. Two, we could appear before an arbitrator and, if not satisfied with his/her decision, could then appear before the judge. Or three, we could simply have the case heard by an arbitrator. I voted for number two. The groomer’s lawyer nixed that; he wanted number three. That was OK with me and off we went to see the arbitrator.
The arbitrator seemed a very pleasant gentleman. “I understand this case concerns some property,” was his opening. At that point, I removed a framed portrait of Munchkin (the only great photograph I had ever taken) and informed him that this was the property in question. He apparently had a sense of humor because he tried to stifle a smile. I then proceeded to present my airtight case relating all the gruesome details. Then it was her attorney's turn.
“How do you take the dog to the vet?” asked he.
“In a cab in her tote bag.”
“The tote bag! It
must be contaminated.”
“No, it’s been hers alone since she was a puppy.”
His next question was so absurd, I could barely answer.
“Does she come in contact with humans?”
Very long pause. Had I not been asked something quite so ludicrous, I would have responded: “No, I’m a hermit and humans never enter my apartment.” But, frankly, that was the dumbest question I could have imagined.
Now I know there are lawyers who aren’t brilliant, but this one was beyond stupid. That was the end of the hearing. The arbitrator advised us that we would be notified of his decision by mail. I assumed it would take weeks. But, surprise, within three days I received the notification awarding me all my costs including all the vet’s bills, medications, cab rides, cost of the grooming, the $10 I paid to file the suit - plus interest on the money. I was jubilant. Victory is sweet.
“That lawyering thing isn’t so tough” I announced to my attorney son-in-law. Perhaps, thought I, I should go to law school. On the other hand, I decided to quit while I was ahead.
So when you’ve gottta sue, go for it.
Very long pause. Had I not been asked something quite so ludicrous, I would have responded: “No, I’m a hermit and humans never enter my apartment.” But, frankly, that was the dumbest question I could have imagined.
Now I know there are lawyers who aren’t brilliant, but this one was beyond stupid. That was the end of the hearing. The arbitrator advised us that we would be notified of his decision by mail. I assumed it would take weeks. But, surprise, within three days I received the notification awarding me all my costs including all the vet’s bills, medications, cab rides, cost of the grooming, the $10 I paid to file the suit - plus interest on the money. I was jubilant. Victory is sweet.
“That lawyering thing isn’t so tough” I announced to my attorney son-in-law. Perhaps, thought I, I should go to law school. On the other hand, I decided to quit while I was ahead.
So when you’ve gottta sue, go for it.
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