BS: Be Careful Where You Point That Cookie!

Subject: BS: Be Careful Where You Point That Cookie!
From: Bee-dubya-ell
Date: 05 Feb 05 - 03:11 PM

From Reuters:

DURANGO, Colo. (Feb. 4) - A Colorado judge ordered two teen-age girls to pay about $900 for the distress a neighbor said they caused by giving her home-made cookies adorned with paper hearts.

The pair were ordered to pay $871.70 plus $39 in court costs after neighbor Wanita Renea Young, 49, filed a lawsuit complaining that the unsolicited cookies, left at her house after the girls knocked on her door, had triggered an anxiety attack that sent her to the hospital the next day.

Taylor Ostergaard, then 17, and Lindsey Jo Zellitte, 18, paid the judgment on Thursday after a small claims court ruling by La Plata County Court Judge Doug Walker, a court clerk said on Friday.

The girls baked cookies as a surprise for several of their rural Colorado neighbors on July 31 and dropped off small batches on their porches, accompanied by red or pink paper hearts and the message: "Have a great night."

The Denver Post newspaper reported on Friday that the girls had decided to stay home and bake the cookies rather than go to a dance where there might be cursing and drinking.

It reported that six neighbors wrote letters entered as evidence in the case thanking the girls for the cookies.

But Young said she was frightened because the two had knocked on her door at about 10:30 p.m. and run off after leaving the cookies.

She went to a hospital emergency room the next day, fearing that she had suffered a heart attack, court records said.

The judge awarded Young her medical costs, but did not award punitive damages. He said he did not think the girls had acted maliciously but that 10:30 was fairly late at night for them to be out.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Cluin
Date: 05 Feb 05 - 03:15 PM

Stupider and stupider, things are getting.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: *Laura*
Date: 05 Feb 05 - 03:30 PM

oh. my. gooooooood.

if she complains about that - what the hell would she say if they did something that was actually bad?

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Rapparee
Date: 05 Feb 05 - 03:34 PM

She coulda shot 'em.

What an idio -- no, I'd be malinging idiots. It wasn't very long ago we would have thanked the girls.

I wish someone would leave ME some homemade cookies. I'd even share them. Unfortunately, I'm limited by the doctor in that area these days.

Sigh.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Don Firth
Date: 05 Feb 05 - 03:41 PM

No good deed goes unpunished. That's a helluva way to reward two benevolent and generous young women. I hope they can rise above this.

It sounds to me like Ms. Young needs counselling.

Don Firth

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Sorcha
Date: 05 Feb 05 - 03:43 PM

I saw this and thought it was frivolous, and the Judge is a moron. Poor girls. We could take up a collection to pay their fine?

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Once Famous
Date: 05 Feb 05 - 03:46 PM

Great chance that it was a liberal, democratice judge.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Teresa
Date: 05 Feb 05 - 03:49 PM

Panic attacks are no fun; I've had them. But they also have no particular outside cause, in my experience.

Now, if the neighbors really knew each other, the girls would have known that this woman was susceptible to panic attacks.

It's a shame the courts were brought into it. Talks between the parents, the plaintiff and the girls would have resolved the matter. [sigh]

Teresa

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: McGrath of Harlow
Date: 05 Feb 05 - 06:41 PM

What a very strange country. And what a very stupid judge.

How the hell could anyone be expected to know that a woman is going to freak out because of something like that? Not even an old woman at that.

I wonder if anyone has ever thought of suing the TV compoanies because something they saw on the box precipitated a panic attack, as must happen from time to time...

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Bee-dubya-ell
Date: 05 Feb 05 - 06:46 PM

Or the guy who just happened to bear a striking resemblence to her ex-husband who used to beat her...

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Don(Wyziwyg)T
Date: 05 Feb 05 - 07:26 PM

Not counselling Don, a nice rubber walled room in the nearest laughing academy.

DT

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: The Fooles Troupe
Date: 05 Feb 05 - 07:38 PM

Sounds like my neighbour...

The Wicked Witch of the East...

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: McGrath of Harlow
Date: 05 Feb 05 - 07:56 PM

It's an interesting variation on Trick or Treat. I suppose if they been dressed as vampires when they knocked on the door, that would have been OK.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Rapparee
Date: 05 Feb 05 - 10:12 PM

Urban type who moved to the country to find peace and quiet -- and brought her urban ideas with her, I betcha. Around here, if someone knocked at 10:30 p.m. you'd peek out to see who it was and if it was someone who seemed to need help, you'd give it. Even to the point of endangering yourself -- as happened on the Reservation last week when a gang of four white teenage punks knocked on doors and then slashed at the homeowners with a machete. Nobody was injured, thank goodness, and the kids are in the lockup. And people will continue to help those in trouble.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: GUEST,heric
Date: 05 Feb 05 - 10:15 PM

Four punks with machetes slashing couldn't injure a person answering the door? Sounds like a comedy routine. Especially since the uninjured homeowners couldn't be bothered to injure the little punks for trying that.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: GUEST,heric
Date: 05 Feb 05 - 10:21 PM

Peculiar thing about this story: The kids' parents offered to pay the medical bills anyway, as long as she signed a complete release. (Sounds as of the parents lawyered up early.) So she was trying to hit a payout with that small claims suit, for more than just medical bills. Maybe the lawyering inspired the old gal. And strange that they would have offered to pay anything.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: GUEST,.gargoyle
Date: 05 Feb 05 - 10:27 PM

That is LaughKat Kuntry - I would be anxious also.

Sincerely,
Gargoyle

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: JohnInKansas
Date: 06 Feb 05 - 05:44 AM

I note that this was in a "small claims court."

While the rules differ from one state to another, in most cases lawyers are NOT permitted in small claims court, rules of evidence are largely ignored, and an unassertive person is liable to get "Judge Judy justice." (That's where the main purpose is for the judge to show off that he/she can outshout those bringing the case.)

If this court happened to be one where there is an attempt to reach a "settlement" the lady with the complaint might well have gotten the same result by knocking on the girl's door(s) and asking them to pay her medical bill. They might have been sorry enough to have offered.

- or the judge may just be a (fruit) basket case.

In many places, small claims courts can render a decision but have virtually no authority to subpoena or issue warrents to enforce their rulings. Not really a good place to go for settling anything of real significance, unless all parties can come to an agreement - in which case they probably don't need the court. (One possibly valid reason for going to such a court is if a "judgement" is needed for an insurance claim or for a tax writoff or something similar.)

John

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Bunnahabhain
Date: 06 Feb 05 - 06:24 AM

One more reason to be glad that we don't live in the US. The plauge of lawyers isn't quite so bad here.

Bunnahabhain

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Rapparee
Date: 06 Feb 05 - 10:11 AM

In both Indiana and Idaho (where I'm somewhat familiar with small claims court), the amount involved must be under a certain dollar figure -- in Idaho it's $1,200 unless the law has changed recently. In fact, if the amount is under the figure noted you must go to small claims court -- you cannot get into a "regular" court.

I missed that bit when I first read this thread. Makes it even stupider than I thought. JiK's right; she should have talked to the parents.

She sound like someone who creates tempests in teapots.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: CarolC
Date: 06 Feb 05 - 12:03 PM

I get panic attacks all the time when I ingest corn products. I wonder if I can sue Archer Daniels Midland.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Sorcha
Date: 06 Feb 05 - 02:00 PM

Seems to be settled. Their local radio station has raised enough in donations to cover the medical bills and fines.

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: McGrath of Harlow
Date: 06 Feb 05 - 03:08 PM

A system where you have to pay for emergency medical treatment in the first place is pretty crazy anyway...

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Rapparee
Date: 06 Feb 05 - 05:04 PM

I have panic attacks if I drink too much corn. Can I sue Seagrams? Or Bubba Ray?

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: McGrath of Harlow
Date: 06 Feb 05 - 06:07 PM

Has anyone tried suing Bush for a panic attack resulting from seeing that State of the Union message?

Subject: RE: BS: Be Careful Where You Point That Cookie!
From: Sorcha
Date: 06 Feb 05 - 07:42 PM

Well, there is that about our health care system. No, but it's a good thought.