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Thread started 02/05/05 5:32pm

lilgish

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Teens Fined for Giving Cookies to Neighbor

DURANGO, Colo. (Reuters) - 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.


you can't make it up!
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Reply #1 posted 02/05/05 5:35pm

SammiJ

only in america.
falloff damn...i feel for those 2 girls, that sucks.
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Reply #2 posted 02/05/05 5:48pm

MrJoker

Looks like no cookies for her next year! razz
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Reply #3 posted 02/05/05 5:56pm

lilgish

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MrJoker said:

Looks like no cookies for her next year! razz

falloff
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Reply #4 posted 02/05/05 8:42pm

meow85

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disbelief



Like SammiJ said, only in America...
"A Watcher scoffs at gravity!"
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Reply #5 posted 02/05/05 8:44pm

POOK

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WHERE CRAZY WOMAN LIVE?

POOK GIVE HER POO SANDWICH

THEN DING DONG DASH!

P o o |/,
P o o |\
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Reply #6 posted 02/06/05 2:20am

BinaryJustin

lilgish said:

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.


hmmm

I think there's more to this story than meets the eye. The girls sound like they may be deranged Bible-bashers on a recruitment mission if you ask me.
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Reply #7 posted 02/06/05 2:37am

Christopher

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lilgish said:

DURANGO, Colo. (Reuters) - 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.


you can't make it up!








lol j/k



/

i mean,did she eat the cookies anyways?.
.
[Edited 2/6/05 2:39am]
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Reply #8 posted 02/06/05 2:49am

JDINTERACTIVE

lilgish said:

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.


That all seems a bit odd to me!
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Reply #9 posted 02/06/05 2:56am

Christopher

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JDINTERACTIVE said:

lilgish said:

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.


That all seems a bit odd to me!


were you one of the girls who left the cookies? smile

.
[Edited 2/6/05 2:56am]
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Reply #10 posted 02/06/05 2:58am

JDINTERACTIVE

Christopher said:

JDINTERACTIVE said:



That all seems a bit odd to me!


were you one of the girls who left the cookies? smile

.
[Edited 2/6/05 2:56am]


No, but I designed the cookies. smile
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Reply #11 posted 02/06/05 2:59am

Christopher

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JDINTERACTIVE said:

Christopher said:



were you one of the girls who left the cookies? smile

.
[Edited 2/6/05 2:56am]


No, but I designed the cookies. smile


i confess, i was the lady. smile
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Reply #12 posted 02/06/05 3:01am

JDINTERACTIVE

Christopher said:

JDINTERACTIVE said:



No, but I designed the cookies. smile


i confess, i was the lady. smile


How come you didn't go to the dance? I heard people were cursing and swearing. smile
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Reply #13 posted 02/06/05 3:02am

Christopher

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JDINTERACTIVE said:

Christopher said:



i confess, i was the lady. smile


How come you didn't go to the dance? I heard people were cursing and swearing. smile


the dance would have been to much for me.i heard they a cookie assortment there. neutral
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Reply #14 posted 02/06/05 3:06am

JDINTERACTIVE

Christopher said:

JDINTERACTIVE said:



How come you didn't go to the dance? I heard people were cursing and swearing. smile


the dance would have been to much for me.i heard they a cookie assortment there. neutral


Did you think you would have a heart attack? smile
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Reply #15 posted 02/06/05 3:10am

Christopher

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JDINTERACTIVE said:

Christopher said:



the dance would have been to much for me.i heard they a cookie assortment there. neutral


Did you think you would have a heart attack? smile


well after i ate them all. yes! smile
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Reply #16 posted 02/06/05 3:20am

Heavenly

What kind of cookies?
Did they get the cookies back?
What were they wearing?
Are they legal yet?
Do you have their phone numbers?
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Reply #17 posted 02/06/05 4:04am

tackam

omfg
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Reply #18 posted 02/06/05 4:43am

bananacologne

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Reply #19 posted 02/06/05 4:48am

Taureau

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Christopher said:

lilgish said:


you can't make it up!








lol
jerkoff.....drool BULLSEYE! cool
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Reply #20 posted 02/06/05 7:07pm

matt

Sr. Moderator

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SammiJ said:

only in america.


As BinaryJustin suggested, the media might not be reporting all of the facts. That's often the case with these "outrageous lawsuit" stories.

Anyway, here's an Indiana case involving a very similar situation (although it was a deliveryman, and his "knocking" was pounding on the door so hard that he caused some damage to it):

http://www.in.gov/judicia...3.fsj.html

In short, the Indiana Supreme Court ruled against the plaintiff, because Indiana law requires the plaintiff to sustain a physical impact in order to recover for "negligent infliction of emotional distress," which was the legal claim asserted.

Not all states have the "impact rule," though. The elements of an NIED claim vary from state to state. Historically, courts have been reluctant to recognize NIED claims.

My lawyerly take on this: regardless of the facts, paying the judgment was probably the best thing for the girls to do. They'd almost certainly incur much more than $900 in attorney fees if they tried to appeal. And since the girls had previously offered to pay the woman's medical bills (see: http://www.cnn.com/2005/L...index.html), they're pretty much in the same position as they were before the lawsuit (aside from the $39 in court costs assessed against them).

In the CNN article, the plaintiff was quoted as saying, "The victory wasn't sweet. I'm not gloating about it. I just hope the girls learned a lesson." I doubt she's sincere about that... the girls would have "learned a lesson" if she'd accepted the pre-suit offer to pay the medical bills. $871.70 is a lot of money when you're 17 or 18 years old.
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Reply #21 posted 02/06/05 7:12pm

bkw

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matt said:

In the CNN article, the plaintiff was quoted as saying, "The victory wasn't sweet. I'm not gloating about it. I just hope the girls learned a lesson." I doubt she's sincere about that... the girls would have "learned a lesson" if she'd accepted the pre-suit offer to pay the medical bills. $871.70 is a lot of money when you're 17 or 18 years old.

I sure hope they learned a lesson.....they should have been out cursing and drinking. nod
When I read about the evils of drinking, I gave up reading.
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Reply #22 posted 02/06/05 7:13pm

Dewrede

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That woman oughtta be slapped
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Reply #23 posted 02/06/05 9:12pm

Hotlegs

Dewrede said:

That woman oughtta be slapped

nod Hell Yeah, her ass need to be given a pimp2 slapped. That's why sometimes it don't always pay to be nice to your neighbors.
[Edited 2/6/05 22:24pm]
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Reply #24 posted 02/06/05 9:13pm

Hotlegs

bananacologne said:


falloff
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Reply #25 posted 02/06/05 9:14pm

althom

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Let's google her phone number up and really give her a heart attack! mad
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Reply #26 posted 02/06/05 9:33pm

unlucky7

althom said:

Let's google her phone number up and really give her a heart attack! mad


lol
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Reply #27 posted 02/06/05 9:33pm

unlucky7

SammiJ said:

only in america.
falloff damn...i feel for those 2 girls, that sucks.


yep
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Reply #28 posted 02/06/05 10:16pm

Hotlegs

althom said:

Let's google her phone number up and really give her a heart attack! mad


Ok, You need to behave Althom or else I'll have to give you a spank.
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Reply #29 posted 02/06/05 10:18pm

subhuman09

Those aren't raisins she'll be getting now.
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