Because You Have A License To Practice Law
Doesn't mean you should go around suing everybody in sight. A Texas lawyer named William Ogletree got a little forgetty in the Houston airport and left an $800 Ralph Lauren leather jacket in the food court.
Pay for his mistake? Hell, no. There are people to sue for it! From The Smoking Gun:
Now Ogletree is threatening to sue the City of Houston, Continental Airlines, and the food court's management company for failing to have "collected the coat, kept it in a secure place and held it for a reasonable time" until he was able to reunite with the garment. These prospective defendants, Ogletree reasoned, "breached their duty" in connection with how they "manage lost and found items for which they are responsible." In his January 18 litigation threat letter, a copy of which you'll find below, Ogletree, pictured at right, noted that "further legal action" could be avoided if he simply was paid $800 "for the cost of the coat."
via Overlawyered







I lost a coat (including a checkbook) in the Cincy airport. Someone was nice enough to turn it in. I realized a week later, called them up and got it back. I was glad.
If I hadn't, I might have been upset, but it is my responsibility to watch out for my stuff.
Jim P. at March 6, 2010 12:42 AM
How about this one? Last I checked, if you were behind the wheel, and there was no mechanical malfunction, you were responsible. However, if you're a lawyer, somehow, you're not.
http://www.rrstar.com/news/x154408005/Lawyer-liable-for-nearly-400K-in-Chicago-restaurant-crash
Juliana at March 6, 2010 4:10 AM
The legal profession, like the medical profession, needs to regulate itself. I've no patience at all for this sort of abuse. Loser pays, anyone?
MarkD at March 6, 2010 5:13 AM
"The legal profession, like the medical profession, needs to regulate itself."
I'm a free-marketer as well, but I'm at the point where I think the model should be "regulate itself, but with the knowledge that someone can swoop in at a moment's notice if things get out of hand". Kind of like how it's up to you to control the volume on your stereo in your apartment, but knowing if it gets too loud someone's gonna come along and make you turn it down to like 3.
"Loser pays, anyone?"
Similarly, that sounds like a great idea, but there are a lot of legitimate claims that lose, claims that could never even be brought if loser pays was an across-the-board rule. I'm more of the opinion it should be a penalty that the judge could call down for a blatantly frivolous case.
Pass laws to cover the 10% of bad eggs, and don't over-legislate the reasonable people. Seems the best idea. Which is why those Zero-tolerance policies are so mindless.
Vinnie Bartilucci at March 6, 2010 7:50 AM
Vinnie writes: "I'm a free-marketer as well, but I'm at the point where I think the model should be 'regulate itself, but with the knowledge that someone can swoop in at a moment's notice if things get out of hand'".
The problem is that our lawyers are also, by and large, our lawmakers; nearly all federal and state legislators are lawyers. What this means is that the law profession is not subject to market constraints; it can create new markets for itself at will by passing new laws.
"I'm more of the opinion it should be a penalty that the judge could call down for a blatantly frivolous case."
That remedy is already available, but it is almost never invoked even in blatantly frivolous cases. Why not? The judges are lawyers too.
Cousin Dave at March 6, 2010 8:02 AM
About 15 years ago I was waiting for a flight in the Bar at the San Francisco airport.
I don't wear a watch so I was looking for a clock to check to make sure I wasn't going to miss my flight and there wasn't one anywhere in the bar. I had to keep asking the bartender what time it was. It finally dawned on me that it was pretty stupid not to have a clock on display in a place where people really needed to know what time it was and I asked the bartender why they didn't have one.
He told me that they used to have a clock but it was off by 5 minutes one day and a guy missed his flight because of it and then sued the airport company in charge of running the bar.
The solution? Get rid of the clock.
I don't know if that was true or not but that's what the bartender told me.
sean at March 6, 2010 8:04 AM
When all you have is a hammer, everything looks like a nail. Sigh.
Pseudonym at March 6, 2010 8:50 AM
This is very wrong of me, but my initial reaction is "sorry about your tiny penis, dude, now go buy yourself a reasonably priced jacket to wear in airports."
Nanc in Ashland at March 6, 2010 10:56 AM
When I was in London, I ate lunch in a pub (the Hoop & Toy, fabulous food) that was in a semi-seedy part of town. Their solution to possible theft? Signs that said (paraphrasing) "This area is frequented by pickpockets, so keep an eye on your belongings. We are not responsible for stolen personal items." I just loved that. Don't leave your stuff laying around and expect someone else to keep an eye on it for you. If I had seen that guy's leather jacket, I would have turned it in to someone at the airport, but I do not expect that to happen if I lose something. Also, a leather jacket is quite the heavy item, so how did the guy not realize he didn't have it? A wallet or something I can understand leaving behind, but a leather jacket?
NumberSix at March 6, 2010 1:30 PM
It's hard for there to be a "breach of duty" when there was no duty owed to him to begin with.
Sad truth is though, that this guy will get a payoff because it will be a lot less costly for these defendants' insurance companies to settle than it would be to pay for defense costs.
Vexatious litigant.
Feebie at March 6, 2010 4:09 PM
"It's hard for there to be a "breach of duty" when there was no duty owed to him to begin with."
Even if there were a clear duty - small claims court. Roy Pearson is a laughing stock for making a mountain out of a mole hill, I feel for this guy's partner and their associates.
I once lost a shoe in a motel, brand new, wore them once.
call 1: "Hello I lost a shoe in room..." , "Oh you need to talk to Mary, the head housekeeper, she's not here."
Call2 : "Hello I lost a sho...", "You need to talk to Mary, she's not in right now."
Call 3: "Hello I lost..." , "Oh yeah, I remember you, you need to talk to Mary, she's not in right now."
Call4: "Hello, this is Mary.", "Yes, um, I lost a shoe." "Oh I remember it, you should have called earlier, we threw it out."
smurfy at March 8, 2010 11:14 AM
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