tv Up to the Minute CBS March 29, 2011 3:10am-4:00am PDT
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,,,,,,,,,, >> announcer: a son rejects his father. >> i love my son. i didn't want my son to leave. >> judge judy: well, he left, and he left for a reason. >> announcer: but when he tried to take what was his... >> judge judy: you cannot keep the bike that he paid for. >> announcer: ...this father rejected his son. >> judge judy: and you said? >> no. >> judge judy: why not? he paid for the bike. >> he's a minor. >> judge judy: is that the reason?
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>> no. >> judge judy: don't give me a lot of baloney, mr. miller! what was the reason? >> announcer: "judge judy." you are about to enter the courtroom of judge judith sheindlin. the people are real. the cases are real. the people are real. the cases are real. the rulings are final. captions paid for by cbs television distribution 17-year-old thomas miller and his mother, suzanne oliver, are suing thomas' father, jim miller, for the return of a dirt bike. jim says thomas doesn't deserve it. >> byrd: all rise. your honor, this is case number 489 on the calendar in the matter of oliver and miller vs. miller. parties have been sworn in. ma'am, have a seat. >> judge judy: what's your first name? >> thomas. >> judge judy: thomas, this is your mom and that's your father and this is the problem. parents are divorced? >> never married. >> judge judy: and they shared custody and visitation of you in
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a sort of informal relationship for most of your life. there was a time that you were living with your father, and you and your father made an agreement. you wanted a dirt bike. it was an expensive bike. your father said he would buy it if you would pay it off by working. and you were working at the time. who were you working for? >> my uncle tom. >> judge judy: your brother? >> good friend. >> judge judy: what were you doing for him? >> mowing lawns and orchard work. >> judge judy: and according to you, thomas, you had the bike at your dad's house, were putting money in a bank account, and your father was taking money out to pay off that bike. so far, right? >> yeah. >> judge judy: how much was the bike? >> $3,600. >> judge judy: how much did he pay back? >> $2,886. >> judge judy: so, he paid back $2,900, and, in addition, according to you, thomas, you purchased some equipment with your own money from your work. there came a time when you went to live with your mom, and you asked your father, "what was the payoff on the bike?" you wanted to pay it off, take it with you, and your father said no. and now you are suing him for all the money that you put into the bike and the equipment.
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your father says that you didn't follow through with the contract that you made with him and you're not getting the bike back and you're not getting the money back, right? >> wrong. >> judge judy: go. >> the agreement was i purchase the bike, i held it for three months, and me and carol -- my wife, carol -- we talked about it, and then i go, "let's give it to him to get him on the right track." and so we agreed on that. so i took him out to my mother-in-law's and showed him the bike, and he started crying. >> judge judy: listen, i don't have to hear about that, sir. he paid for the bike. >> he paid $2,800 of it. >> judge judy: he paid for -- you didn't buy him a present. >> no. >> judge judy: you said, "if you want this bike, you can have this bike if you pay for it," which he was doing out of the money he was earning. mr. miller, you cannot keep the bike that he paid for once he pays the remainder of it. you can't do that. do you understand that? >> yes. >> judge judy: then why are you? >> he went a whole year without paying for the bike, though. >> judge judy: did he ask you for it? >> he called up to say, "if i pay off the bike, would you transfer the name into my name?" >> judge judy: and you said?
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>> no. >> judge judy: why not? >> the bike was for him -- >> judge judy: just a second. if he said, "if i finish paying off the bike" -- and he owes $700 on the bike -- "if i finish paying off the bike, will you let me put it in my name?" why would you say no? >> he's a minor. >> judge judy: is that the reason? >> no. >> judge judy: don't give me a lot of baloney, mr. miller! what was the reason? >> to keep my son on track, 'cause he was lying to me. his grades were bad. >> judge judy: you have two choices. if you had given him a conditional gift and said, "this is your bike. it's in my name. if you get good grades, when you turn 18, i'll title it in your name" -- >> yes, i will. >> judge judy: that's not what happened! he bought this bike himself! you did not give him a gift. >> he didn't finish paying for it. >> judge judy: he's going to finish paying for it. where's the bike? >> in the garage, right where he keeps it. >> judge judy: fine. i will prepare an order that he can pick up the bike. what's left on the bike -- $700? >> nope, $661. >> judge judy: $661. that's what's owed on the bike. do you understand? >> yeah. >> judge judy: perfect. >> your honor, my wife wants to
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speak. >> judge judy: what? stand up if you want to speak. >> thank you, your honor. there's a lot more to this story than just -- >> judge judy: there may be a lot more to the story. your husband is being very inarticulate with me. >> your honor, we had an agreement with thomas. my husband and i decided to purchase this bike for thomas to teach him a little bit about responsibility, accountability. >> judge judy: if you decided to purchase a bike for thomas to teach him about responsibility, then you buy it and you pay for it, and if he goes to live with his mother -- i'm speaking. and if he goes to live with his mother, then you do not have to give it to him. but if you purchased a bike and put it in your name and he paid for it, it's not yours! you cannot keep it. >> there were other conditions. >> judge judy: there cannot be conditions if he paid for the bike. that results in unjust enrichment to you. that is a term in the law. unjust enrichment -- that means he's purchased the bike and you have the bike. so, the fair thing is, 'cause
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i'm not going to give him the money, 'cause that means that you get to keep the bike -- >> i don't want the bike. >> we don't want the bike. >> judge judy: perfect. then the bike goes to him when he gives you $661. >> your honor, we love thomas very much, and there's a lot more to this. thomas was having other issues, okay? we wanted to see the best for him, so this bike -- we gave him the opportunity to develop his self-esteem, some sense of responsibility to pay back a bike -- >> judge judy: how many children do you have? >> we have two children. >> judge judy: how old are they? >> thomas is 17, and we have a 5-year-old son. >> judge judy: okay. so, you have one child. >> yes, your honor. >> judge judy: and this is your husband's child. and your child has not been through anything yet. right now he's a toddler, so you have zero experience -- zero experience in child-rearing. let me explain something to you. i've had five. >> yes, your honor. >> judge judy: i have not had one that, under the age of 18, has paid for anything -- a toothbrush, a toothpick, nothing. you hold out a carrot for this young man -- were you going to
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school? >> yes. >> judge judy: did you graduate from high school? >> not yet. >> judge judy: are you still going to school? >> yes. >> judge judy: okay. he had an after-school job -- enough so that he paid off almost $3,000 on a bike, right? >> mostly it was in the summertime when he worked for tom. >> judge judy: what difference does it make? i couldn't get my kids off the couch during the summertime till they were 30. you're not following me. if you want to teach him a lesson, then you say to him, "you cannot have the bike. i'm putting back the $2,900 into your account that you paid for the bike, and i'm gonna sell it." but you can't keep the bike and the money. >> but, you know, having the bike was a purpose of him doing the respect that he needs to do. going to school now for the last six months, his absentees is high. >> judge judy: listen to me, sir -- you can't steal his money. >> we're not stealing his money. >> judge judy: you are stealing his money if you say, "you're now living with your mother. you're willing to pay the rest of the bike off, but you can't
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have the bike, and it's in my name." >> there was a shared-custody arrangement between these two, and he decided to leave because he thought his father was being unfair -- expected him to get a "c" average in school, to do his chores, to pay back the money of the bike, and he hasn't done any of that. >> judge judy: and the result of that, mr. miller, is, because he didn't get the grades you wanted and didn't complete his chores, what was your punishment? >> it's... >> judge judy: just a second. mr. miller, don't speak to her. she has zero experience with children -- zero. this is your child. >> that's right. >> judge judy: how many children do you have? >> 3 -- 27-year-old. >> judge judy: and where is that child? >> he's at my uncle's -- i mean, my brother's. >> judge judy: what does he do? >> he just got out of prison. [ spectators murmur ] >> judge judy: mr. miller... >> and i don't want thomas to go that road. >> judge judy: mr. miller, he has to get his bike back. do you understand? he's a big boy, and it's gonna interfere with your relationship with him, and this is not his mother. you have different objectives. do you understand me? >> yes, i do.
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>> judge judy: fine. >> announcer: "judge judy" continues in a moment. >> he brought me a report card with an "f" on it. it was changed to a "c." >> judge judy: you are talking to me as if you believe that's a felony. i used to have special ink to determine whether or not my children changed their grades. >> announcer: and later today... >> judge judy: you think he intended to hurt you? >> yes, your honor, i do. >> judge judy: why in the world would he pick up that and throw it with such force at your face to hurt you? do you think he had a psychotic to hurt you? do you think he had a psychotic moment?,,,,,,,,
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>> announcer: real cases. real people. "judge judy." 17-year-old thomas miller says his father, jim miller, is holding on to a dirt bike that belongs to him. jim says he took the bike away because thomas was getting bad grades. >> judge judy: where is the equipment that goes with the bike? >> it's all right there where he puts it. >> judge judy: fine. perfect. i will prepare the order that the title is to be transferred to him upon receiving $661. do you have that in your account? >> no.
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>> i have that, ma'am. >> judge judy: fine. >> when he left, he had the money, and he drawed it all out, spending it, and he could have paid it off. i could have stopped the bank -- >> judge judy: mr. miller, i just asked you a moment ago -- you said your son called and said, "if i pay off the bike, will you sign the title over to me?" and you said, "i said no." so why would he pay you? why would he give you any more money if you weren't gonna sign it over to him? >> he's not giving it to me. he's giving it to fargo. i love my son. i didn't want my son to leave. >> judge judy: well, he left, and he left for a reason. whether he left because he thought you were favoring your 5-year-old or he left because he felt as if he wasn't being treated fairly or whatever reason he left, he left. he didn't go to leave to go to the land of bad boys, he went to go to live with his mother. >> well, for five months -- >> judge judy: and he's allowed to do that. >> for five months, his grades dropped. what do you expect me to do? i got to have something to hold him back. his grades dropped. >> judge judy: and? >> ain't nothing i can do about it. he brought me a report card with an "f" on it. it was changed to a "c."
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[ laughter ] >> judge judy: mr. miller, you are talking to me as if you believe that's a felony. >> no, it's not. >> judge judy: i used to have special ink to determine whether or not my children changed their grades. >> well, a phone call did it for me. >> judge judy: they all turned out okay. but you can't be unreasonable, and you can't keep a bike that he paid for. it's not the right thing to do. it's not the right thing to do for your relationship with your son. i have a feeling that you're trying to be a good father. there may have been outside influences, but i'm telling you, sir, not the right thing to do. so, his mother says she will get the $661, which will pay off the rest of the bike. i will prepare an order that the title to the bike is to be transferred to your son as soon as that money is paid, and he will pick up his bike and his equipment. now, it seems to me your father loves you. he may not be able to do it all 100% right, but i don't think he's motivated in any bad way. do you understand, thomas? >> yeah. >> judge judy: i don't think he's motivated by any evil. i just think he doesn't get it, okay? >> okay.
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>> judge judy: you get your bike back. wait outside for the order. >> thanks. >> byrd: parties are excused. you may step out. >> i left because things weren't good. >> i'm going through all this for my son. >> i felt it would be better if i was gone. >> i could care less about the bike. >> i just didn't want it to come to this. >> i hope i can see him more. >> being able to see my dad without -- [ voice breaking ] without no arguing or anything. >> i mean, i tried my best. >> just keep your head up, keep going. >> announcer: and now the next case. >> byrd: all parties in the matter of bryson vs. mccann, step forward. >> announcer: 15-year-old ryan bryson and his mother, tami, are suing the father of ryan's former friend, christopher mccann, for medical bills. ryan claims christopher's son zakk knocked out his teeth with a bottle. >> judge judy: mrs. bryson, it is your claim that this young man caused injury to your son's tooth. >> that's correct. >> judge judy: they were playing a game. his father says it was an accident. they were both fooling around, and accidents happen.
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so, since neither you nor mr. mccann were there, you can both sit down. what's your first name? >> ryan. >> judge judy: and yours? >> zakk. >> judge judy: how long have you been friends? >> about two or three months. >> judge judy: when did this accident happen? >> december 20th. >> judge judy: what were you doing? >> we were sliding a replica of this plastic bottle on the ground after school. >> judge judy: sliding it? >> yeah, sliding it. >> judge judy: where were you? >> by my locker, which is in the third wing of the school. >> judge judy: i want you to show me how you were sliding it. >> we were sliding it back and forth -- >> judge judy: no, show me on the ground how you were sliding it. you can step right in front of the bench. step in front of the bench over there. show me how you were sliding it. >> we were both sitting down. >> judge judy: sitting down on what? >> on the carpet. >> judge judy: sit down. go ahead. so, you're sliding it. let me see how you're sliding it. >> just like that. >> judge judy: right. and what were you doing with it, zakk? >> throwing it back. >> judge judy: was he sliding it or throwing it? >> we were playing catch. we were throwing it back and
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forth. >> that is not true, your honor. >> judge judy: sure, it is. now you can stand up. go ahead, ryan. >> we were sliding it back and forth, and then all of a sudden he threw it, and it knocked out my teeth. i don't know why he did that. i did not do anything to provoke him. i never once picked it up and thrown at him. we were sliding it back and forth. >> judge judy: go ahead. >> we were not sliding it on the ground. we were playing catch, and it was an accident. it was just one catch that he did not catch, and it hit. >> judge judy: how many times was the bottle thrown? >> probably 15 to 20 times. >> judge judy: anybody else there? >> no. >> it was pretty late after school. it was pretty much cleared out. >> judge judy: after it was thrown, you had pain? >> yes, ma'am. >> judge judy: now, do you think, zakk, that part of the injury to his teeth is your fault? >> no, i do not. >> judge judy: well, you're wrong. >> i do not think that it was my fault. we were both playing the game, and we both, like, accepted the probability of it happening. >> judge judy: no, that's a lot of baloney that your father gave you. [ laughter ]
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>> announcer: "judge judy" continues in a moment. >> judge judy: what about you, sir? you now understand? >> uh, i don't know. i'm having trouble with that. >> judge judy: well, stand up. i'll give you a lesson. >> announcer: closed captioning i'll give you a lesson. >> announcer: closed captioning sponsored by... the best in nutrition... just got better. there's one important ingredient that hasn't changed: better taste. [ female announcer ] eggland's best. the better egg. [ announcer ] set. [ gunshot ] [ male announcer ] the plumber just got faster. new liquid-plumr penetrex gel powers through the toughest clogs in just seven minutes.
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,,,, powers through the toughest clogs >> announcer: real cases. real people. "judge judy." 15-year-old ryan bryson says former friend zakk mccann knocked out his teeth with a bottle. zakk says the accident was ryan's fault. >> judge judy: if you take an instrumentality and use it in a way other than for which it was designed -- do you understand what that means? >> yes. >> judge judy: and there's an accident with it, you are at least partially responsible. now, if you were drinking that and he ran into the bottle, then he caused that himself because you were using it in a way that it was designed to be used, 'cause you were drinking it.
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>> mm-hmm. >> judge judy: but you weren't using it that way. you were playing catch with it. >> yes, ma'am. >> judge judy: and if you're playing catch with something that's dangerous -- clearly, it could be dangerous, right? >> yes. >> judge judy: then you have to use care, right? >> yes. >> judge judy: now, i'm not saying that it's all your fault, because he chose to play with you, and if you think for a minute that i believe that you were rolling this, you're nuts, 'cause i know you weren't rolling it and you know you weren't rolling it. you may have rolled it once or twice, but you were playing catch with it also, right? >> no, that's not right. >> judge judy: yeah, i don't believe you, ryan. i don't believe you. i don't believe that the first time this was thrown it hit you in the mouth, and i certainly don't believe that zakk intended to hurt you. you think he intended to hurt you? >> yes, your honor, i do, 'cause it had to have been thrown at a great force to knock out my teeth. >> judge judy: well, then, there's something wrong with you. i don't know who you've been talking to. if you were sitting and playing with him outside, why in the world would he pick up that and throw it with such force at your face to hurt you? had you had a fight with him?
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>> no. >> judge judy: well, then, do you think he had a psychotic moment? [ laughter ] >> no, your honor. >> judge judy: so, why would you think he would want to hurt you? >> 'cause it has to be thrown at a great force to knock out my teeth -- >> judge judy: no. no. it just caught you in the wrong position. listen, if you played with something and you played with it in a way that it was not intended, then you assume part of the risk. he's only partially responsible. and his father's partially responsible, 'cause he's too little, despite what your father says. do you understand why? >> yes. >> judge judy: do you understand the whole context? what about you, sir? you now understand? >> uh, i don't know. i'm having trouble with that. >> judge judy: well, stand up. i'll give you a lesson. [ laughter ] what do you use to cut steak? >> knife -- steak knife. >> judge judy: and when you use it properly to cut steak, nothing bad happens to you, right? >> right. >> judge judy: if you decide to play salugi with a steak knife -- do they still use that word? >> byrd: i have no idea what you're talking about. >> judge judy: throwing it. if you decide to throw a steak
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knife back and forth to your friend and you get all cut up, whose fault is that? >> i don't know. that's kind of -- isn't that on both of them? >> judge judy: right! you said a very good thing. you want to say it a little louder? >> on both of them? >> judge judy: that's the answer, because you are using the knife for an activity for which it was not designed. it was not designed to be used as a baseball or a rubber ball. it was designed to be used to cut your meat. similarly, that bottle that your son purchased out of a vending machine was designed to drink. he and his friend decided to use it for another purpose, and it became dangerous, as evidenced by the fact that it knocked out his two front teeth. so, both of them are responsible, not just him. he just looked the other way. okay. now you can stand up with him. how much were your medical bills? >> the emergency care that day to get his teeth glued back in place was $572, and then the estimated cost to get the other part -- all of it together comes
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to $4,070. and i have x-rays and pictures of the teeth that were broke out. >> judge judy: what do you have in there now -- temporaries? >> yeah, they're just temporary glued on right now. >> they're his teeth that were -- the pieces -- they could glue back in with fillings, piece filled in, until the nerves could settle down. the dentist said he wanted to wait eight weeks before he did the root canals and the crowns for the mouth to settle down. >> judge judy: okay. >> your honor, may i say something? >> judge judy: yes. >> okay. this started out as $800, and it's slowly gone up as the weeks have gone up. it ended at 3 grand. now it's at 4 grand. >> judge judy: yeah? so? >> there's no end to this. >> judge judy: listen, you want the last time i had a root canal? >> well, i -- no. >> judge judy: i guarantee you don't want the last bill for my root canal. they played music. they held my hand. they had four nurses. you don't want the last bill. this is a bargain, trust me. [ laughter ] >> announcer: "judge judy" [ laughter ] >> announcer: "judge judy" continues in a moment. ♪ i was diagnosed with copd. i could not take a deep breath
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i noticed i was having trouble. climbing the stairs, working in the garden, painting. my doctor suggested spiriva right then. announcer: spiriva is the only once-daily inhaled maintenance treatment for copd, which includes chronic bronchitis and emphysema. i love what it does. it opens up the airways. announcer: spiriva does not replace fast-acting inhalers for sudden symptoms. stop taking spiriva and call your doctor right away if your breathing suddenly worsens, your throat or tongue swells, you get hives, have vision changes or eye pain, or have problems passing urine. tell your doctor if you have glaucoma, problems passing urine, or an enlarged prostate, as these may worsen with spiriva. also, discuss the medicines you take, even eye drops. side effects include dry mouth, constipation, and trouble passing urine. it makes me breathe easier. i can't do everything i used to do. but there's a lot i can do that i was struggling with. announcer: ask your doctor if once-daily spiriva is right for you.
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,,,, >> judge judy: now, it's not all your responsibility. it's partially your responsibility because your son assumed the risk of playing with him. >> well, this is the tip of the iceberg. he's gonna have to have crowns replaced later on in his life, too. >> judge judy: there's no question -- as a result of their boredom at the end of the day, which is what it was, that... >> he should have been walking home. >> judge judy: he should have been walking home, and it happens. i mean, you know, unfortunately, we hate when it happens to our children -- the front two teeth. >> it's his front tooth and the tooth next to it. >> judge judy: those are always the teeth that go -- the ones right when you smile.
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i know. and you have to pay to have them fixed, and that's what it is. $4,000 divided by 2 is $2,000. judgment for the plaintiff in that amount. that's all. thank you. >> byrd: parties are excused. you may step out. >> announcer: "judge judy" continues in a moment. >> announcer: "judge judy" continues in a moment. and on the next "judge judy"... delicious chicken tenders paired with crispy belgian waffles. or be seduced by one of our fruit-topped waffle combos. oh, yeah. prescription strength allegra is now available without a prescription. same exact medicine, same full prescription strength.
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allegra. now without a prescription. >> female announcer: hey, you! your muffin top's showing. mega-t green tea's thermogenic action will help you lose your muffin top. come on! lose your muffin top with mega-t. >> i'm gonna sign up for baseball. >> it was half full. >> ryan needs to sign up, too, 'cause he doesn't know how to catch a bottle. >> i pretty much blacked out. my teeth fell out of my head. >> it's not there anymore. we just lost friendship 'cause of it. >> it's not there no more, and of it. >> it's not there no more, and it will never be again. -- captions by vitac -- www.vitac.com
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