Thursday, May 03, 2007

Justice?

A gentleman in Washington DC is suing small business in the District for $65 million over a pair of pants. Roy Pearson is pressing his case against the Chungs who are Korean immigrants and operate a dry-cleaning business. Pearson took a suite to the cleaners and when he picked up his suite two days later the pants were misplaced.

Pearson asked $1,000, the full price of the suite. A week later the Chungs found the pants and refused to pay and give Pearson the pants. That is when Pearson decided he would sue for $65 million and represent himself in the court.

When the Chungs offered $3,000 and then $4,600 Pearson refused. As Pearson no longer wanted to use his neighborhood dry-cleaners he wanted $15,000, ten years of weekly car rental fees to transport him to another dry-cleaners. He feels he has the constitutional right to use the local cleaners and as the Chungs have made that impossible, they should pay to transport him to a cleaners of his choice.

Pearson says that the Chungs are in violation of the DC consumer protection law because they have a sign that reads “Satisfaction Guarantied” and “Same Day Service”. Pearson claims he is not satisfied and that not all items are completed in the same day. Hence Pearson argues that law allows for violators to pay $1,500 per violation, per day. Pearson is claiming twelve violations each day over 1,200 days.

Pearson is not out for justice. He is openly perverting the justice system for his own gain. Unfortunately the courts are allowing the case to move forward to trial. This is the type of case demonstrates the glaring shortcomings of the American legal system. Far too often justice is not the focal point of a case. Instead it is a legal system filled with games with self-serving individuals using and perverting the laws.

Every legal case depends upon the wisdom and cool reflection of the presiding judge. Judges, at least according to legal theory, are to seeking balance and help restrain over reactions and undue passions, to limit the perversion of the legal system and the law. The action against the Chungs also brings into question that entire theory as Roy Pearson is a judge.


Even with pro bono work by some parties on their behalf, the Chungs have had to go into debt to defend themselves against this horrible filing. Fortunately, there is a growing cry within the legal community for Pearson to be removed from the bench and disbarred. Yet, the case moving forward to a 11 June trial date speaks volumes.

2 comments:

Stephen said...

The Chong case is one of the most amazing stories I have heard in a long time. There is real strength to the American justice system. It has led the world by example (gernally speaking) over the years when it comes to giving the average joe a fair trial. I know that there has been glaring miscarriages of justice over the years - civil rights abuses on a massive scale, corporate and political manipulation, racism, etc.) However, when you think of the millions of trials that have occured over the years, I am impressed by the over all fairness of the system.
But sadly, abuse occurs and a struggling mom and pop enterprise is victimized.
The Canadian justice system is certainly not perfect either. There have been abuses not unlike that of the Americans.
That being said, perhaps the Chungs could have dealt with this situation better from the start. But give me a break! $65 million!!?? And the courts are allowing such a claim to go forward? It will be interesting to see how this is played out.

Barbara said...

I hope in the end that Pearson ends up losing his shirt, but unfortunately it will be the Chungs who will end up losing even if they win. How can they recover financially from something like this? That's a disgrace and Pearson should be held accountable for his actions.