Looking for a lawyer

Gere Mullican · From: LaVergne, Tennessee, USA (deceased)

If this is not the proper place for this, please move it to where it belongs. Lots of folks on the forum are aware of my situation where the airline lost my Marlen steel about a year ago. It wound up in the unclaimed baggage place in Alabama and is now in the hands of a very nice gentleman in North Carolina named Rick McDuffie. I have no desire to get it back from him but I would like to make the airline pay for their neglegence. If there are any lawyers on the forum or anyone knows one that will take the case on a contingency, I would apppreciate being informed. I just can't let go of this until I have exhausted all avenues. My e-mail is steelman37086@wmconnect or gerep64@hotmail.com. Thank you very much

Bob Doran · From: Ames, Iowa, USA

No expert here but can't you just take it to "small claims" court yourself?(i realize losing ones PSG is more like a natural disaster or an extinction level event than a small claim hence the quotes)
Bob

Gere Mullican · From: LaVergne, Tennessee, USA (deceased)

I don't believe we have a small claims court here around Nashville. I know absolutely nothing about legal matters, that's why I was seeking some prfessional help. I appreciate your response.
Gere

Bob Carlson · From: Surprise AZ.

Every county has a court house and you will find a small claims court there. It would be worth checking into and it only costs around five dollars. If your case is accecpted it would be you, them and one judge. Good Luck.

Bob

Roy Ayres · From: Riverview, Florida, USA, R.I.P.

Gere:

I have been the small claims route a couple of times over the years, and I learned a couple of things.

(1) Most small claims courts place a limit on the amount you can file for. If the amount due you is larger than that limit, you can "waive" the claim down to within the limit.

(2) On the positive side: If the airlines does not send a representative (and large corporations often ignore small claims courts) then you will win by default.

(3) On the negative side: If you win the case a court order will be issued to the airlines to pay whatever amount the judge awards you -- but it's danged near impossible to collect it.

If I were in your shoes, I would go ahead and file on the chance that I would win and they would honor the court order. If I did win and they do NOT honor the court order, I would immediately contact the media.

Go for it. All you can lose is the filing fee, which should be minimal. Call the County Clerk's office; they will explain the whole process to you.

Good luck

C Dixon · From: Duluth, GA USA

I have much experiences with lawyers, and all sadly were bad.

I can not say how it is in the entire legal field, but from where I stand with what I do know, I would urge you not to seek and attorney UNLESS, they were willing to take it on a 100% contingency and that their only fees be a percentage of any proceeds actually recovered. It is not likely any attorney would take it on that.

The better approach is as several posters have suggested. Go the small claims court route. At least your capital out lay will be small.

Good luck and may Jesus bless you in all you do,

carl

Ray Montee · From: Portland, Oregon (deceased)

How did 'HE' get it? Why won't he give it back to YOU? More info', please.

Bill Crook · From: Goodlettsville, TN , Spending my kid's inheritance

David L. Donald · From: Koh Samui Island, Thailand

I'm sure Rick can illuminate this,
but I suspect there was an auction of unclaimed stuff and Rick wandered across it, and bid, and won.
From what I know of Rick, he is a very nice man and.

It is clearly a case of neglgence on the airlines part. That there was a demand for the instrument to be found, and that it languished in lost items until auctioned off certainly qualifies as poor conduct on the airlines part.
Collecting is another issue.

I suspect that the value of a Marlin is much higher than small claims limits.
And that the possible value of a settlment would be too low to interest a lawyer to work on percentage.
A lose lose situation.

But maybe there is a steeler\lawyer in the area.

[This message was edited by David L. Donald on 30 October 2003 at 01:35 AM.]

Donny Hinson · From: Glen Burnie, Md. U.S.A.

Small claims court limits are seldom under $3,000. If I were you, I'd definitely try that route first.

Rick McDuffie · From: Benson, North Carolina, USA

Ok, guys... here's what happened: I bought the guitar last Spring through the Forum from Mike Headrick, who bought it from another individual, who bought it from an unclaimed baggage store in north Alabama. All these purchases are well-documented, back to the store. This is a store that buys "unclaimed baggage" from many airlines and shippers. Working back from Z to A, I presume that the shipping tag came off the steel case in transit, the airline didn't know how to deliver it, it sat around in a warehouse for months, then was sold by the airline.

Gere recognized the guitar from a photo that Ricky Davis had posted on the Forum- he posted the serial number, then I checked the serial number and took the initiative to notify him that the number matched. I've been nothing but forthcoming and helpful in this.

Whoever is at fault here, it's not me or either of the other two guys who have owned it since Northwest Airlines sold it to Unclaimed Baggage.

Rick

Erv Niehaus · From: Litchfield, MN, USA

In Minnesota, the high dollar amount for "small claims" court is $5,000. So it really is not longer small claims. They now call it "conciliation" court. You cannot have a lawyer present, you have to represent yourself, and most people win by default. The opposing party just doesn't show up. Just go to your local court house and ask for the forms. You can fill them out yourself, no big deal. I've been there, done that.
Erv

Fred Shannon · From: Rocking "S" Ranch, Comancheria, Texas, R.I.P.

Gere, one of my kids is a "legal beagle", and sent me the following after I asked him. Try this site and see if it helps you.
http://www.tba.org/lawbytes/T9_1800.html

I didn't look at the site, but I think he said there's a 10 thousand dollar limit in Tennessee.

Fred

------------------
The spirit be with you!
If it aint got a steel, it aint real

Chick Donner · From: North Ridgeville, OH USA

Unless you get the guitar back from McDuffie, you do not have any "damages." Without damages, you've got nothing to sue for. If you're thinking that the courts will "penalize" the airline for losing your guitar, forget it. It's not the way civil law works. Depending on what state law would control, you MAY have some statutory damages for lost possessions, but under common law, you would have to get the guitar back, and your damages would be what it cost you for the guitar, shipping, etc.
BTW, I AM a lawyer, albeit for the most part a criminal, not civil one.

Dale Bessant · From: Sherbrooke, Quebec, Canada

Hey Gere, I would be some upset if that would have happened to me too,man,when it comes to the almighty dollar responsibility just seems to go for a long ride these days, my thoughts are with you and good luck in whatever route you do take !!!!!!!I supposse if you mentioned the NAME of the airline they could sue you??????(and probably win)...

[This message was edited by Dale Bessant on 30 October 2003 at 08:43 AM.]

Jim Cohen · From: Philadelphia, PA

OK, so maybe not "damages" per se, but shouldn't he be able to collect for the value of the "lost" instrument?

Donny Hinson · From: Glen Burnie, Md. U.S.A.

I believe most carriers have a limit to their liability. I know when I have traveled, I noted on the back of the baggage claim checks that they state the "liability limits". Generally, I believe it was $200 per suitcase, or something in that range. What Chick states is reality, you must be able to prove your loss (lost wages due to not having a guitar, for instance) to collect "damages" unless you can appeal for payment due to "pain and suffering" (e.g., the guitar was from a deceased person, and has sentimental value). It's can be hard to prove what any used item is worth in the eyes of the law.

At any rate, this should be a lesson to all who trust someone else to "freight" their property, guitars or otherwise. One hang-tag is not sufficient to identify a case of any description! Take a paint brush and letter your name and address on the case if you plan on trusting any carrier with it. In this instance, this simple act would have prevented all Gere's problems.

Herb Steiner · From: Briarcliff TX 78669, pop. 2,064

The instrument is not "lost," Jimbeaux, Rick McDuffie has it; it would seem that the first step to restore Gere would be to get the instrument from McDuffie and return it to its rightful owner (Gere). Then, the issue would be between the airline and McDuffie.

Since the whereabouts of the instrument is well known, that would be the first choice for the airline, as Chick mentioned.

After I had equipment stolen and had been reimbursed by my insurance company, the police recovered some of it. I was then informed that if I wanted the equipment back, I had to purchase it back from the insurers since they had in effect "purchased" it from me when reimbursing me for my original loss and assuming the loss themselves. I chose not to since it was just some outdated PA gear. Had it been the 1982 D-10 Emmons that had been recovered, that would have been a different decision on my part.

------------------
Herb's Steel Guitar Pages
Texas Steel Guitar Association

Rick McDuffie · From: Benson, North Carolina, USA

I would be willing to sell this guitar back to Gere, but he hasn't as yet indicated an interest in that.

It IS a much different guitar than it was when he owned it, and I have a considerable chunk of money in it at this point- including purchase and modifications made.

I think that what Chick is saying is that IF Gere bought it back from me and had a receipt for it, THEN he would have a documented financial loss to show in small-claims court.

In any event, I'm quite willing to work with Gere to find a happy ending for all concerned.

David L. Donald · From: Koh Samui Island, Thailand

Just in case it wasn't 103 % clear I was never implying Rick M. had done anything wrong.
He actually is 3 hands removed from any malfesance involved. In fact he has acted quite in the spirit of the forum contacting Gere about it. It als was IMHO leagalpurchased by him, after it was legal sold by several hands before him.

All fault for the loss remains squarely with the airline.
It was negligence pon the airlines part to lose something as identifiable and large as a PSG.
It had to go though some airline channels just to be sold to the lost baggage reseller.
Lazyness on their part at best.

Lost work damnages etc, are a stretch, but the loss of the value of the instrument and the cost of recovering that value should be pursued.

[This message was edited by David L. Donald on 30 October 2003 at 01:27 PM.]

Colm Chomicky · From: Kansas, (Prairie Village)

It sounds like the air line did not look very hard for your Marlen. After all, they might have known between what flights and the date it "disappeared". It was sitting under their noses the whole time.

I once had an airline loose my bag, but they found it based on the description of the bag and the flight I was on. How many bags would look like a steel guitar?

You would think they would be obligated to maintain a database of lost items logged by customers and check against this database before they put their booty on the auction block.

Gere Mullican · From: LaVergne, Tennessee, USA (deceased)

All you guys are terrific. I really appreciate your genuine concern. As for Rick, he purchased the Marlen legally and totally unaware of the situation. So did the other 2 people. I only blame the airline and would not, under any circumstance want to buy, take or grab or any other term, the steel from Rick. My friend, you have expressed more than once how much you like the guitar and you sure have my blessings. Since the airline waited so long to get it to the unclaimed baggage place, I am pretty sure the statute of limitations has expired. It was shipped to me March 10, 2002; sold by unclaimed baggage 10/10/02 and not until about September 2003 that I was made aware of its whereabouts. I will just chalk it up to experience and wish Rick many years of great picking. Maybe we will meet in person someday. I believe you are a fine human being and an honest one. Thanks again to all of you for your interest and suggestions.
Gere

[This message was edited by Gere Mullican on 30 October 2003 at 11:33 AM.]

Eric West · From: Portland, Oregon, USA, R.I.P.

It does look like a "winnable" case, and possibly lawyerless.

Almost every law office has a free initial consultation. As well, most have email capabilities to do such where running all over town isn't an impediment.

Ball parking it, I'd say 5 grand, and there is usually a two year S of L in civil matters.

Making it ten times that including "intrinsic value", time lost, and other common reimbursable things not deemed "frivolous" might just get you 5 grand. Heck maybe even a good solid $2500 Depending on your documentation. Possibly outlined in a letter, without needing a lawyer. Also, Small Claims can be split into separate suits in many states, Oregon being one of them.

It's worth a shot. Grab the yellow pages.

EJL

Eric West · From: Portland, Oregon, USA, R.I.P.

*****JUST KIDDING******

There are always Imaginative Alternative payment plans.....

Mine usually prefers a check..

Your results may vary..

I'll bet the Public Defenders office isn't experiencing a big stampede to take his case...

EJL

[This message was edited by Eric West on 01 November 2003 at 04:32 PM.]

Gere Mullican · From: LaVergne, Tennessee, USA (deceased)

Eric, I like the prospect of your solution. I might have to try it. Thanks.
Gere

Forum Index > Steel Players	Goto page 1, 2 Next	Next oldest topic :: Next newest topic