Woman sues 2 teenager girls for dropping off cookies...

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Catman

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Two Durango teens thought they'd surprise neighbors with nighttime deliveries of home-baked treats. But one woman was so terrified, she sued and has won.

http://www.denverpost.com/Stories/0,1413,36~53~2691638,00.html


Durango - Two teenage girls decided one summer's evening to skip a dance where there might be cursing and drinking to stay home and bake cookies for their neighbors.

Big mistake.

They were sued, successfully, for an unauthorized cookie drop on one porch.

The July 31 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."

The notes were signed, "Love, The T and L Club," code for Taylor Ostergaard, then 17, and Lindsey Jo Zellitti, 18.

Inside one of the nine scattered rural homes south of Durango that got cookies that night, a 49-year-old woman became so terrified by the knocks on her door around 10:30 p.m. that she called the sheriff's department. Deputies determined that no crime had been committed.

But Wanita Renea Young ended up in the hospital emergency room the next day after suffering a severe anxiety attack she thought might be a heart attack.

A Durango judge Thursday awarded Young almost $900 to recoup her medical bills. She received nothing for pain and suffering.

"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."

Taylor's mother, Jill Ostergaard, said her daughter "cried and cried" after Judge Doug Walker handed down his decision in La Plata County Small Claims Court.

"She felt she was being punished for doing something nice," Jill Ostergaard said.

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.

Taylor and Lindsey declined to comment Thursday, saying only that they didn't want to say anything hurtful.

Young said the girls showed "very poor judgment."

But Taylor had asked her father's permission to bake cookies for the neighbors after livestock-tending chores were done.

"I said, 'Go ahead, as long as I get some cookies,"' Richard Ostergaard said Thursday.

Just as dusk arrived a little after 9 p.m., Taylor and Lindsey began their mad spree. They didn't stop at houses that were dark. But where lights shone, the girls figured people were awake and in need of cookies. A kitchen light was on at Young's home.

Court records contain half a dozen letters from neighbors who said that they enjoyed the unexpected treats.

The cookies were good. It was a nice surprise. They weren't scared.

But Young, home with her own 18-year-old daughter and her elderly mother, said she saw shadowy figures who banged and banged at her door. When she called out, "Who's there?" no one answered. The figures ran off.

She thought perhaps they were burglars or some neighbors she had tangled with in the past, she said.

"We just wanted to surprise them," Taylor said.

Young left her home that night to stay at her sister's, but her symptoms, including shaking and an upset stomach, wouldn't subside. The next morning she went to Mercy Medical Center.

"We feel that knocking on a door and leaving cookies is a gesture of kindness and would not create an anxiety attack in the general public," Taylor's parents wrote to the court.

The girls wrote letters of apology to Young. Taylor's letter, written a few days after the episode, said 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 Young's medical bills if she would agree to indemnify the families against future claims.

Young wouldn't sign the agreement. She said the families' apologies rang false and weren't delivered in person. The matter went to court.

Young said she believes that the girls should not have been running from door to door late at night.

"Something bad could have happened to them," she said.



Wow...that woman sure is living the American Dream, ain't she :|
 
Just saw that one over on LiveJournal.

Simply astounding. I cannot believe the judge ruled against the teenage girls. Thoroughly ridiculous and bizarre.
 
One would think that when she went outside (hell, she went out to go to her sister's house) and found the damned cookies and note she would have gotten a clue.

And the families offered to pay her medical bills, but she chose to sue when the apologies weren't delivered in person. Ha! I sure wouldn't deliver her anything in person.

I live in a really rural place and have occasionally had someone come knocking at the door late at night. It can be a bit unsettling, but I sure wouldn't sure anyone for bringing me cookies.
 
OK, this whole article has made lose faith in the legal system and I am now clinically depressed so I can't go to work and make a living.

I'm gonna sue Catman for bringing this to my attention. :mad:






I keeed, I keeeed. :wink:
 
What, they forgot to bring milk?


This case is the result of years of the plaintiff's bar creating and pushing new legal theories for liability.
 
trevster2k said:
OK, this whole article has made lose faith in the legal system and I am now clinically depressed so I can't go to work and make a living.

I'm gonna sue Catman for bringing this to my attention. :mad:

The sad thing is you probably could make a case out of it :| :| :| :| :|
 
It bugs the heck out of me all the people that sue for the dumbest reasons, greedy sons of dogs
 
macphisto23 said:
It bugs the heck out of me all the people that sue for the dumbest reasons, greedy sons of dogs

I fear where this trend will lead.
 
DaveC said:
How the hell is the onus on these two girls to know that this lady in the house is a fucking paranoiac?

:rant:

It is the "fragile vase" theory. A weakness does not need to be apparent for liability to attach.
 
That is awful :sad: Poor girls, no good deed goes unpunished. But people are so paranoid these days. I bet nobody ate the cookies anyway, if you don't know who they're from, people would probably think they were poison or bombs or something :sigh:
 
Has this lady never had anyone knock on her door at night before? What does she do on Halloween?
 
dandy said:
no good deed goes unpunished...

Indeed. You know how people are always complaining about how teenagers are no good, always getting involved in gangs and drugs and drinking and other bad stuff? Then we get two teen girls who try to do something nice for their neighbors, and get punished with a stiff fine.

And you know this woman will be complaining about how nobody respects her anymore. :der: I hope the entire neighborhood shuns her for her nasty deed. :madspit:
 
I guess I am the lone voice who does not consider what these girls did a good deed. I would have been really pissed if teenagers knocked on my door at 10:30 pm, left cookies and ran away (seriously, are the these girls idiots or what?). I would have called them, thanked them for the cookies, and asked them never to do that again.
 
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speedracer said:
Has this lady never had anyone knock on her door at night before? What does she do on Halloween?

It was 10:30PM and not Halloween. Something like this would have scared my poor mother to death.
 
Axver said:
Just saw that one over on LiveJournal.

Simply astounding. I cannot believe the judge ruled against the teenage girls. Thoroughly ridiculous and bizarre.

If this article gets widely circulated in the blogosphere, I'm sure the girls will pick up enough donations to cover their costs.
 
joyfulgirl said:
I guess I am the lone voice who does not consider what these girls did a good deed. I would have been really pissed if teenagers knocked on my door at 10:30 pm, left cookies and ran away (seriously, are the these girls idiots or what?). I would have called them, thanked them for the cookies, and asked them never to do that again.

Its one thing to be pissed its another thing to sue and take a person to court. Sure, she had a panic attack, but the parents were willing to pay for the unfortunate hospital fees. However Miss FRUITCAKE wanted to take it further then that which is FUCKED UP as any person who has been through a lawsuit understands. AND for what? B/C of a desire to do something nice, girls get punished. I wish there more people like those girls around then the obviously insane old lady.
 
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nbcrusader said:


It is the "fragile vase" theory. A weakness does not need to be apparent for liability to attach.

Yeah, but doesn't there need to be some sort of intent? This could have been based on a negligence theory, but I always learned that there was no cause of action for negligent (as opposed to intentional) infliction of emotional distress. And for emotional distress cases, I thought the behavior had to be outside the bounds of what normal society would tolerate. Does giving someone cookies now qualify as that?

Honestly, what did she sue them for? Negligent delivery of baked goods?
 
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Flying FuManchu said:


Its one thing to be pissed its another thing to sue and take a person to court. Sure, she had a panic attack, but the parents were willing to pay for the unfortunate hospital fees. However Miss FRUITCAKE wanted to take it further then that which is FUCKED UP as any person who has been through a lawsuit understands. AND for what? B/C of a desire to do something nice, girls get punished. I wish there more people like those girls around then the obviously insane old lady.

I certainly did not agree with suing the girls! I'm simply saying I think the girls were wrong to do what they did so late at night. I'm just thinking about my elderly mother who lives alone and she could very well have had a heartattack from someone banging on her door at 10:30 pm. These teenagers were old enough to know better. They weren't kids. Why on earth would they bang on someone's door at 10:30pm, leave cookies and run away?? I mean, I'm sorry, I think that's really really stupid and rude. But, as I made clear, a phone call to them would have sufficed.
 
It does seem pretty strange to "surprise" people with cookies late at night, though. If I didn't know who made them, I would have thought they were poisoned. Maybe.

Melon
 
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joyfulgirl said:


I certainly did not agree with suing the girls! I'm simply saying I think the girls were wrong to do what they did so late at night. I'm just thinking about my elderly mother who lives alone and she could very well have had a heartattack from someone banging on her door at 10:30 pm. These teenagers were old enough to know better. They weren't kids. Why on earth would they bang on someone's door at 10:30pm, leave cookies and run away?? I mean, I'm sorry, I think that's really really stupid and rude. But, as I made clear, a phone call to them would have sufficed.

The girls were kind a dorky and naive... no doubt, but these girls actions did not fit the "punishment" or response from Miss Fruitcake. I mean it's like punishing an apple thief by cutting of the thief's hand (alah Aladdin). Suing teenagers for knocking on the door and leaving cookies. WTF! I also blame the judge/ legal system... what kind of waste of time case is that?

Fruitcake lady deserves her house rolled with toilet paper and a bag of stinky poo on her porch.
 
joyfulgirl said:
I guess I am the lone voice who does not consider what these girls did a good deed. I would have been really pissed if teenagers knocked on my door at 10:30 pm, left cookies and ran away (seriously, are the these girls idiots or what?). I would have called them, thanked them for the cookies, and asked them never to do that again.

10:30 PM is too late to be calling on your neighbors, I agree (unless there's an emergency). The girls would've done better to wait until morning to do their deliveries. Your response is a lot more rational than suing them, though I'd add in something about "it's not safe for women to be out late at night, there are lots of creeps about, you might have gotten in trouble".

Suing them for $900, though, is overreacting in a huge way. And being just plain nasty. The apology and offer to cover the medical bill was quite adequate; she should not have gone this far. She's shot herself in the foot with this action; don't be surprised if the neighborhood shuns her or her house gets vandalized somehow.
 
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