- *The flower suit
Never mind higher oil prices or housing worries or whether Joe Torre will be fired - today's really big news is the $400,000 breach-of-contract lawsuit filed by NY attorney Elana Elbogen against Posy Floral Design Studios. To make a long story... well, at a least a little shorter, Elbogen used Posy Floral to handle the floral arrangements for her wedding to David Glatt - at a cost of $27,435.14. In the suit, she claims that the florist substituted pastel pink and green hydrangeas for the dark rust and green hydrangeas that she had specified for the centerpieces. “The use of predominantly pastel centerpieces had a significant impact on the look of the room and was entirely inconsistent with the vision the plaintiffs had bargained for,” says the lawsuit. There also was something about using "wilted and/or browned flowers, leaving the event without filling half the centerpiece vases with water, and using dusty and dirty vases." All told, the flowers caused them "extreme disappointment, distress and embarrassment," according to the suit. Now, none of us was there, so there's no way of knowing who asked or promised what. But $400,000? (After the wedding, they asked for a $4,000 refund.) Anyway, Law Blog asks whether lawyers are more litigious than non-lawyers (c'mon now, stop laughing). Here's a sampler of responses:
--How is there a claim for more than $27k? Did she suffer emotional distress from the brown flowers?
--This is why people despise lawyers
--$27,000 on flowers? what is the world coming to?!
--Of course lawyers are more litigious. We are more familiar with the court system and are thus more likely to turn to it. We recognize that we have some recourse in situations where others are likely to just give up. Plus, we know what the law is — many people don’t. It’s possible that this Florist really did give lousy service and was surprised when somebody actually fought back. Many other customers would have dropped it even if they were in the right.
--The bride is fighting for all of us who have been burned by incompetent florists. Let this serve as a notice to all florists: we, your customers, will not take it anymore. We deserve decent floral arrangements.
--This young lawyer needs to be taken to the woodshed and taught that lawsuits are not meant to redress the petty grievances and inconveniences of life. Maybe small claims court, but this is embarrassing for the profession and her Firm.
--I am suing my local food delivery place. This morning I ordered eggs and havent been able to get out of the bathroom yet. I am missing a whole day of work. Any lawyers want to represent me in a $500,000 lawsuit?
--The lawyer who sues her florist for $400,000 in damages over a $27,000 contract is the same type of lawyer who will sell her well-healed client a bill of goods, lead them into litigation and huge legal fees, and then tell them they have no case (or, sorry, but the case went “south”).
--Im guessing that the 4K she originally asked for is the difference between what she felt she paid for and what she actually got. Its too bad she couldnt have worked this out with the florist. Its also surprising that as an attorney she didnt get this in writing. Florists have to get paid up front because they are used to people overspending on weddings and being left with an overstock of a perishable item. But good florists would give back some or all of the money if the flowers were off. Certainly brides have a right to get what they pay for, and the florist should have been up front with her about all the possible issues that could arise with those flowers. I dont think the judge is going to make a decision over whether something is “pink” or “rust” because it might not be easy to tell. “Pink” might be an industry term for a range of colors from common pink to rose to rust. If so the bride should have been told that specifically because obviously she had other things on her mind. This case will come down to standard business practices vs. reasonable expectations. But asking for 400k out of anger might just get her embarassed by having her reported to the NY Bar.
--This is why I don’t tell people that I am a lawyer.
*Update: Now it turns out that Elbogen was delinquent in her attorney registration (Above the Law). This thing will be around for a while.
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| 12:02 PM Oct 16, 2007 | Email the Daily Dragon | Email this Article | Post Comments |
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