 The Clarinet BBoard
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Author: Stephen
Date: 2000-05-31 20:38
I am the author of the true story, about getting my clarinet stolen and finding it for sale on ebay. Do you think I shoul sue? (My mom does) I did get the clarinet back. If Ido sue, how much should I sue for for a thousand dollar clarinet being stolen. I want suing for mental anguish, not for the clarinet. Tell me your opinion!!!
Sincerely,
Stephen
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Author: Ginny
Date: 2000-05-31 21:01
You're lucky and clever to have gotten your clarinet back. I know that you can sue the school, in particular if the instrument was damaged or lost. I review liability and property claims for many school districts in California, on a statistical basis.
Had you not recovered the instrument, they would be responsible for your loss. I've seen quite a number of such property claims. You can probably sue the school district for any cost (phone calls, travel etc.) associated with getting the instrument back, but I doubt you'll get pain and suffering. Was the thief a kid at school? how did they get into the storage spot. If its a student, you should go to both the police and the school officials, perhaps at the district level and get justice.
Good luck.
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Author: C. Hogue
Date: 2000-05-31 21:18
It sounds like you are very angry -- and understandably so.
Remember that when you sue, it can take a very long time for the case to finish. You don't whether a judge or jury will actually give you the amount you seek, and your lawyer will probably get a third of anything you win. There is a possibility that the defendant (the person or institution you sue) will settle out of court for less than you're asking.
I agree with Ginny that maybe the school system might be a better financial target for a suit than the thief. He's unemployed!
If I were in this situation, I'd wait until I found out what happens in criminal court to this person before I decided whether to file a civil suit seeking damages. In many jurisdictions, you have a year to file a case -- a lawyer licensed to practice in your state could give you a definitive answer.
Good luck.
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Author: Stephen
Date: 2000-05-31 21:30
thank you for your well appreciated views C. Hogue. I value your opinion as well as I value Ginny's. You two would make a very good lawyer team!! Again I thank you for your advise!
Sincerely,
Stephen
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Author: Grover
Date: 2000-06-01 01:51
Well. I think you are fortunate to get your horn back. Now that you have, what damages do you really have? We all get angry when bad things happen. Rather than suing for monetary grievances, the focus should be on filing criminal charges, not civil charges.
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Author: Joseph Brenner, Jr.
Date: 2000-06-01 01:52
Stephen, I am a lawyer, although not a tort lawyer. Lawsuits are expensive and time consuming...and you have no assurance that you will win. And in my state and some others, whether you win or lose you will have to pay your lawyer's fees. Give yourself some time to reflect, so that your mind will control your decision more than your emotions will. What happened to you should not happen to anybody, but please think twice or three times before suing, especially since you were able to recover your clarinet.
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Author: Allen Cole
Date: 2000-06-01 01:58
I second Paul's motion.
While I'm sure that it has a solid legal basis, I think that it's outrageous to even consider suing the school system, which provides the students a band program at taxpayer expense. Instituting such a suit would not only rob the school district of funds, but could cause security precautions to be taken that would be onerous to the music program.
The school is not to blame for a loss which proved only temporary anyway. The perpetatrator is the one to blame, and it should be criminal prosecution--not civil restitution--that is pursued.
Stephen, don't go around searching for people to blame. You know who took the instrument. Instead of trying to get money for your anguish, try to use this experience to bring about some good.
Here is a suggestion along those lines: I teach privately at a high school where the band room has a large bank of individual lockers on its back wall. This keeps the personal instruments of students safe, and it limits use of the instrument storage room to those who use school-owned instruments. Perhaps your school's band boosters could be talked into financing or building such a thing.
But PLEASE don't listen to the voices that tell you to sue your school. There is absolutely no moral basis for it. Instead, perhaps you should keep your instrument in your personal locker from now on.
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Author: Kontragirl
Date: 2000-06-01 02:44
Just calm down and let justice take it's course. Trust me, he's probably going to get what he deserves, and as much as I would love to see him sued off his you-know-what, he'll probably never do it again and that's really what's important.
I love my band locker, but they can be inconvient for a small instrument. Of course, since I got my new Yamaha Allegro, the small inconvience of shoving my way to my locker, then putting it in the locker is much better than the alternative.
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Author: Terry Horlick
Date: 2000-06-01 04:18
Durring the last month of school several horns were stolen from the band room at my daughter's school. These were in locked lockers in the band room. The one brand new clarinet which was stolen was recovered... well parts of it were recovered, it had been used as a baseball bat! Since then my daughter has been using her plastic Bundy at school and leaving the good horn home.
Count your blessings, you got your horn back and it plays. Enjoy life, practice your horn, turn the other cheek and have a great summer. Don't waste your time, effort resources and emotions in an effort on revenge, you are likely to lose more than the jerk!
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Author: Roger
Date: 2000-06-01 12:43
Unless you go into a small claims procedure where you represent yourself I (as an attorney) that you reconsider. I really do not think it is worth the time.
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Author: Roger
Date: 2000-06-01 12:54
Unless you go into a small claims procedure where you represent yourself I (as an attorney) that you reconsider. I really do not think it is worth the time.
Item 1. If you get a judgement you still have to collect it. Given the way school personnel are paid he may not have too much money. You might have to levy and sell his property to collect. If the property is tenancy by thee entirety you probably cannot levy on property for the debts of one spouse. In addition, homestead exemptions might make the property exempt from levy. The result is that you could have a judgement that you cannot collect upon.
Item 2. I do not believe mental anguish can be part of the damages for conversion. Loss of use, diminuation in value perhaps, but not loss of use. This reduces the value of your claim.
Item 3. I doubt a jury would think much of your claim and award much money as damages. An attorney in your locality will be familiar with this.
Item 4. Any attorney will have to be paid to do the work. This reduces your recovery. If the attorney is willing to do it on a contingent fee, it probably means your case is worth something. If he wants to be paid by the hour, forget it, it probably means that the case is not worth much.
I apoligize for the prior incomplete posting. I hit a key that sent it to the board in error.
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Author: paul
Date: 2000-06-01 13:48
Unless you have a very solid case that's worth boatloads of money, suing isn't worth the effort for all of the highly qualified reasons stated above.
I agree with the postings above that state these concepts:
1. Fetch a plastic beater of a horn and use it at school. Keep the good horn at home.
2. Use any lockable area or locking device you can that's practical for your needs. Keep in mind that determined thieves can break into almost anything, given enough time, resources, or especially reward. So, only protect your property to the point it makes sense.
3. Suing for small bucks simply isn't worth the heartache. Even small claims court could end up costing you more than whan you could get back.
4. Emotional distress can be widely interpreted, but I seriously doubt that your case has much merit. Typically, emotional distress is reserved for post traumatic stress disorder situations (i.e. violent attacks, nasty accidents, etc.).
5. Having insurance for your horn was worth the time and trouble, right? Keep it insured. Keep it maintained to premium playing condition. Document all of that for future reference.
I offer a constructive solution that can be cost effective and can help you get over your anger. See if the perpetrator can fund $100 worth of high quality drill books in lieu of a potential lawsuit. Most teachers see $100 as a lot of money (even today) and that money can buy you about 10 years worth of pro grade drill books (been there done that because I have almost all of the Southern Music Company books for the clarinet for just under $100 retail, including tax). You will have satisfaction, the ability to grow your skills, and most of all, you will have a sense of closure on this case.
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Author: stephen
Date: 2000-06-01 13:56
I want to thank all of you for your time. After reading all of your comments, it is clearly a waste of my time to sue, not even being guarenteed the money I wished to sue for. I want to thank you all for your comments!!!
Sincerely,
Stephen
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Author: Fred McKenzie
Date: 2000-06-03 14:48
paul wrote:
-------------------------------
2. Use any lockable area or locking device you can that's practical for your needs. Keep in mind that determined thieves can break into almost anything, given enough time, resources, or especially reward. So, only protect your property to the point it makes sense.
Paul, Stephen and all-
I learned a lesson about lockers in college when I found a commonly used lock that is not secure. The kind that uses a symmetrical key that has a "Z" shape when viewed from the end, can be easily opened. I do not care to advertise how it is done, but trust me!
It is well worth spending a little more for a quality lock.
Fred
<A HREF="http://www.dreamnetstudios.com/music/mmb/index.htm">MMB</A>
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