Freaking lawyers, Should a judge just throw this out and tell her to get a life?

Question

or is the justices system all in cahoots with each other

http://gawker.com/news/wedding-joy/lawyer-bridezilla-sues-florist-for-400000-in-wrong+colored-hydrangea-damages-311454.php

She should have refused to take them if they were not what she wanted.

If she used them pay for them. If you eat a meal at a resturant, then say you didn't like the meal, you can't expect to be refunded

bottom line DON"T DO BUISNESS WITH LAWYERS. Most rational people would eaither use them and pay for them or return them and then ask for the refund. What wedding has ever gone perfect? Everyone could sue over pictures, or decorations, or the band, and no one would service weddings anymore.

Lillou _ I hope you would not sue them for bringing you the wrong car for additional damages. Like most people, just exchange it for the right colored car.

Answer 1

No, the judge should not throw the case out -- because it is a valid claim for damages. Before you freak you, let me explain.

For a claim to be legally frivolous -- and subject to being summarily thrown out -- there must be no legal merit at all, and the person must not be entitled to any recovery AT ALL.

Under the Uniform Commercial Code, anything that is purchased that is not exactly what the contract defined is considered defective -- and grounds for refusal. Thus, she is absolutely entitled as a matter of law to the money she paid for the flowers -- since she did not get what she ordered.

As to the other claims for emotional distress -- that is probably not going to survive a demurrer -- which is the way of saying that one particular claim does not meet the legal standards required -- or at the very least, it's unlikely she'll be able to prove the actual harm for the extra $400K.

That doesn't mean the entire lawsuit is frivolous -- she didn't get what she paid for, and the law is very clear about that -- "close enough" doesn't count under the UCC, and never has -- so she is entitled to recover that much at least.

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EDIT to open4one (above) -- Hadley deals with consequential damages, not direct compensatory damages. And it's a general theory case -- not binding precedent in the US -- and since its sale of goods, UCC and the perfect tender rule apply. She's also not suing for consequential damages -- she's suing for breach of contract and separately for IIED or NIED (emotional distress).

Answer 2

Some lawyer she is. Apparently she never read the case of Hadley vs. Baxendale in Law School. Unless the flower shop responds pro se, this case will never survive a preliminary Motion to Dismiss.

The only way she could have a hope to recover ANYTHING more than MAYBE a reduction in the price tag is if she clearly told them how critical the exact shade of the flowers was, and how anything else would impact the wedding. Since I was married in NYC, I am quite sure that no florist in NYC would accept that condition, they would tell her to take her business elsewhere.

But, no, the judge should not throw this case out until the Defense lawyer makes the appropriate motion. THEN it should be thrown out, with costs to the Defendant.

Answer 3

In the US, it's easy to file lawsuits. It needs to be, so the people who've been truly wronged have a shot.

However, the odds that she'll win any damages are minute. It's likely she will receive at least some compensation because the florist did not adhere to the contract's specified colors. I don't see anything wrong with that.

I went to two weddings in the last week, and although both brides are fairly laid-back people, if their wedding colors were ignored by a florist with a $30,000 order (hardly!) with clashing colors substituted, they've have been highly upset.

Answer 4

She is probably just trying for some free publicity, like the judge who sued the dry cleaners. It will get dismissed, but who knows how much in legal fees it will cost the florist. I hope they counter sue.

Answer 5

My uncle was an architect. He had two rules - never take work on from a lawyer and/or a teacher.

Answer 6

Without seeing the difference in color I would say if they were really off then give her her money back only

Answer 7

Some women take their weddings WAY too seriously.

Answer 8

For $30,000 if my car was delivered in the wrong color I would demand a new car.

Answer 9

This happening in America?.....Why am I not surprised?....Money is all that matters in America