tv Eyewitness Noon News CBS November 10, 2011 12:00pm-12:30pm EST
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>> i don't think anybody is mad at the product -- well, i guess -- excuse me. excuse me, everybody. did i breathe and give everyone the impression i was done with my sentence? wow. it's like dinner in my household. >> this is the plaintiff. he says he hired the defendant to refinish the wood floors in his apartment and when the guy was leaving, he spilled polyurethane by the elevator. now he's liable for paying the repairs. and he thinks it's the defendant's fault so he should pay. >> this is the defendant. he says the co-op board
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president went bonkers when he discovered he was refinishing the plaintiff's floor on saturday which evidently is not allowed. next thing you know, the president made a claim he spilled chemicals on three tiles in front of the elevator. he did no such thing and isn't paying anybody anything. he's accused of being sloppy. >> all parties please raise your right hand. >> what you are about to witness is real. the participants are not actors. they are actual litigants with a case pending in civil court. both parties have agreed to drop their claims and have their cases settled here, before judge milian, in our forum, the people's court. >> be seated. come to order, please. litigants have been sworn, your honor. >> thank you, douglas. you are suing the defendant's flooring company, you've asked
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us not to use the name or use your last name so we'll respect that. you're suing james for $316.20 in the cost of floor repair as well as attorneys' fees that your condo board assessed against you for damage you say he did. what happened? >> your honor, on november 2010, i hired the defendant to refinish the floors in my apartment. he did the job over a period of three days. on saturday he worked to finish the job but the fumes were so intense that the condo board president smelled it and came to the apartment and scolded him for working on saturday. >> he's not supposed to work on a saturday? >> no. >> did you make it your business to tell him not to come in on a saturday? >> no. >> go on. >> he did a very nice job but because the fumes were so intense, the condo board who lives in the building smelled the intense fumes from the floor, the polyurethane and he
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yelled at him for working on saturday and give the intense smell. they had a 10x10 area of linoleum they had replaced about a year ago and he spilled carelessly some of his polyurethane on the floor as he exited the floor down to the elevator. >> how bad was it? >> i took pictures. >> who is the lady who is next to you? >> that's my daughter. >> okay. what happened? >> we have a mutual friend who is a contractor and i've done several jobs for mr. wagner and this contractor friend called me and said b*urt has another job for you. i said okay. where is it? it's in a co-op building. i said make sure he finds out first if there's any restrictions on the chemicals we're allowed to use because the petroleum based products work a lot better. if you really want to do the
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nice job, you want the petroleum products but they put off vapors. he owns properties. he knows what the game is. he knows that you've got to check this stuff out. so i got a call back from the contractor. oh, burt looked into it, no restriction on chemicals. okay. great. we're both kind of getting hosed here. what happened was he made a phone call. he didn't look into it that deeply. it was an innocent, kind of honest mistake and somebody said use whatever you want. >> i don't think anybody is mad at the product -- well, i guess it stunk up the joint. excuse me. did i breathe and give everyone the impression i was done with my sentence? wow. it's like dinner at my household. okay. i think the displeasure is not about whether you used the smelly chemical or didn't. the displeasure was that it
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happened on a saturday and that there was spillage and they have to redo the floor. at that instant, the president actually hijacked you, like actually stopped you while you were working because you stort of got caught working on a saturday. >> the job was done. i was leaving. >> right. >> now this president shows up and he has blood shooting out of his eyes. he's yelling and screaming and he didn't even give me the dignity and respect to even have a conversation. it wasn't going two ways. it was going one way. >> what was he saying? >> is this family tv? >> you can do it. go ahead. >> polly want a eurethane? there's more. >> i'll see what i can do to get you in trouble. i could see it. i wish there was some our
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>> plaintiff says the defendant spilled polyurethane on one of the floors and it created a mess with the condo association. the defendant says prove it. let's listen. >> it was on and on. this is on outrage. he should have known better. it's a $500 fine. it's in the bylaws and kept going on. it's written into his bylaws. it's like a $500 if you create a major nuisance in the building. maybe they're entitled to that. that's between him and the building. >> and that's not your problem. >> that wasn't enough for this guy. he wanted more. he looks at me and says i'm going to see what i can do about getting you in trouble. it wasn't enough. the 500 bucks, he was just -- i could see him. i wish there was some other clause in there. i wish we could have gotten more. i'm walking with this guy 300 feet down the hallway. >> do you have cans in your hands? >> i'm back for the odds and ends. i had a can of paint thinner.
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>> was it -- >> when you're done working, you seal everything. >> can we get to that? that's what the lawsuit is about. >> you might spill in your work area but you seal everything up. nobody spills anything. >> nobody spills anything? i'm here to testify people spill things. >> not when you walk away from the job. the product is so expensive, you have to be so cheap about -- that's my business. the polyurethane is everything. 90% of your cost. i cost out -- if i clean every drop out of the brush, you don't miss a trick. you're not walking around spilling polyurethane. that's ridiculous. so all of a sudden, we get -- you know, we walk down to the elevator and i'm following him. he's yelling and screaming and he just kept walking. all right. got in the elevator and left. so he came up with a way.
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i'm going to get you. he figured out a way. suddenly there's something on the floor. okay. somebody spilled something. we don't know who did it. there's no video evidence, no witnesses, nothing. we have one psychopath who has a phonied up statement. >> he says he saw you do it. >> let's look at that. regarding your contractor's denial of causing the damage, please be aware the board president was present at the time and talking to your contractor while his chemicals dropped on the floor. we wasn't really talking. he was talking, not -- this wasn't a conversation. we weren't standing there talking to each other. he was walking away yelling and i was just kind of trying to get -- >> i'm going to get you, my pretty, and your little dog, too. >> exactly right. the contractor then left abruptly and the building staff was immediately called down to -- >> you skipped the part where he saw you spill it. go back up. >> was talking to the
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contractor while his cans of chemicals dripped on the floor. he's giving a nice, detailed description of what happened. i tried to talk stop him. hey, you're spilling. none of them. this is all fabrication. he's trying to make it sound like i was talking to this guy and -- >> you don't live there, right? >> i happened to go to the apartment prior to being done because i had a new tenant there. everything was perfect. i came back after this and took some pictures and that's it right now. >> you fought this, right? >> i fought five months with the insurance company, with the board and i gave up. it was a lot of harassment from the lawyer for them. >> letters to the board, you're saying, come on. it's not that big of a deal. >> they said, no. it's a bad thing and i have to pay the money so i did. >> you said to them, come on. there's other floors that have worse discoloration than this. >> exactly.
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they said the proprietary lease would be rejected and i could be ejected myself. >> what am i supposed to do with this? >> can i finish this? >> no. you got your 15 minutes of fame. >> there's something else here that ties it together. this is where he hangs himself. building staff was immediately called to clean the area but the damage was already done and could not be adequately corrected. urethane takes hours to dry. >> did the guy say you spilled it? >> there was no conversation. it's all made up, nonsense. >> did you ever speak to the actual president? >> i spoke to the property manager for the property and i went there several times taking pictures and speaking to my tenants and i asked him several times, please go and see yourself, what does it involve? he refused to go ere and see
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>> is this a defense, the guy saying you shouldn't have had me come on a saturday? >> that's not a good defense. >> does it matter what day he comes over if the guy screwed up the floors? >> sounds like it was a deal that the owner of the condo and the guy he hired made between themselves regardless of what the rules were. >> i'm going to tell the audience who i think you look like and then i'm going to ask you. >> smoky robinson. >> who do people say you look like? >> tony dorsett. >> i said smoky robinson. going in the courtroom. >> okay. why are you suing him for attorneys' fees? >> i was harassed for five months and i didn't pay the bill so they had their lawyer writing me letters. >> why does he have to pay that? >> because he didn't pay the money to me. >> but why would he have to pay
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attorneys' fees that you agreed to pay -- that you agreed to pay in your special agreement with the condo board by virtue of you buying a unit there? that's something that happened between you and your condo board. it's an agreement to pay attorneys' fees when you lose and why does he have to pay that? >> he procrastinated for five months in doing nothing. >> what was he telling you? >> he was innocent. >> you ended up getting fined, right? >> fined for working on saturday, causing the draft in the hallway, what have you. >> how much did you have to pay? >> $500. >> okay. all right, james. based on the evidence i'm looking at, i find that you're responsible for the floor, not the attorneys' fees and i find in the amount of the plaintiff in $316.20. >> thank you, your honor. >> here comes the polyurethane
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guy here on the losing end of this case. he didn't get everything he sued for but you lose. >> what can i say? it was -- you can't prove something without the day of video. seem like you have to walk around with your video camera. we ran into a tyrant. they exist out there. it's hard to believe but they do exist. >> on the boards? the president? really? >> it was insane. it was completely insane. he wanted blood. he wanted to murder me that day. and he found a way. and this poor guy got hosed. they screwed him for $1900 and he had no recourse. don't pay us. we'll just foreclose on your unit. what was he going to do? he could have counter sued him and probably won and i would have been a star witness. now he has to face them. it's a little kingdom. it was a bad deal. i felt bad for the guy. >> right around this way. okay. so come in here.
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are you satisfied what you got out of this case? >> i'm satisfied. >> are you stuck between a rock and a hard place at this building where they can kick you out? >> that's right. you have to pay or you get fined and kicked out. >> sue the little guy. >> that's it. >> the defendant is saying he has to walk around with a video camera. that's not true. best way is to get the customer to sign off before the defendant leaves saying that there's no damage. that would protect the defendant. litigants for the next case on the way into the courtroom right now. these are the plaintiffs. they say they hired the defendant's limo copany to provide a party bus for six hours and the defendant's driver botched the job. he was a raving lunatic who made up all sorts of storiesest cover him up with his bosss and they want their money back
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pronto. they're suing for the cost of the ruined trip. this is the defendant. he says the plaintiff's clients demanded the bus be left running so they could park on the streets of new york and party in it and that's against the law. they also had 35 passengers when the bus only holds 30, also against the law. he follows the rules, has been in business since 1986 and always does the right thing. he's accused of ruining a ride. defendant has filed a counter suit for $280, balance owed on the job. >> all parties please raise your right hands. >> it's an open floor up the middle, your honor. >> people are supposed to be walking around and mingling and -- >> dancing. >> okay. and there are poles? >> there's a pole in it, yes. >> there are two poles. >> okay. i take it the poles are for holding? >> yes. >> as opposed
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>> welcome back. next case on the docket, plaintiff subcontracted a big party bus from the defendant but claims the defendant's limo company ruined the whole thing. but the defendant says the plaintiff's client and her guests were out of control. it's the case of you drive me crazy. >> thank you, douglas. legacy limoususe represented here by michael and janice jones, you're suing solid gold
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limousine. you're not the owner, right? >> no. >> for the $710 that you paid them and want back because they botched the job you subcontracted to them. what happened? >> we took in a job for june 4, 2011 for a six hour as directed with a stop at chelsea piers. >> what's a six hour as directed? >> you pick up the customer and you drive as they direct. they may tell you to go to 42nd street or chelsea piers or various places while they party on the bus. this is not a normal -- >> it's a party bus. >> ours is a 33 passenger bus that has lounge seating. not a regular bus. >> it's like sideways? is that the same as yours? >> perimeter seating. it's around the outskirts of the bus. >> it's leather, seven flat
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screen tv's. >> it's an open floor up the middle. ?r so people are supposed to be walking around and mingling and -- >> dancing. >> okay. and there are poles? >> there's a pole in it, yes. >> there's two poles. >> d i take it the poles are for holding? >> yes. >> opposed to pole dancing? all right. therers music blaring and lights -- >> light shows. >> it's a party bus. >> a party bus. >> you had taken the job and why couldn't you do it? >> we had a job earlier that day in connecticut and because of traffic, i was not absolutely sure we could pick up at 10:00 promptly. >> the party people wanted you from 10:00 to 4:00. >> that's correct. so we called solid gold to farm the job. >> had you done business with them before? >> i had not personally done that before but we knew who they were. >> it's party night and what happens? >> well, their driver -- >> what was the purpose of the
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party, do you know? >> it was a 23rd or 24th birthday party for -- >> who is the person saying no seated behind you? >> she is the person actually contracted with us to purchase the -- >> she's the party person. come on up. can you switch? what was the purpose of the party? >> my daughter graduated from college. >> okay. that's why you were renting the party bus. >> yes. >> good for you. what happens that night? >> the driver called me about -- it was after 9:00 p.m. he called me and said that he was on the corner. i said well, it's kind of early because you're not supposed to arrive until 10:00. he said i'm here early. i'll just wait. i said let me come out and see what the party bus looks like. i've never seen a party bus. i walked down the block to the corner. >> was this a surprise for your daughter? >> it was supposed to be a surprise. she was allowed to invite 33
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but she was only allowed 10. >> how many people got invited? >> 33. >> your party bus fits 35. >> 33. >> okay. fits exactly 33. your party bus fits -- >> 30. >> did you know his party bus only fit 30? >> i didn't know but -- i wouldn't disa agree. >> go ahead. >> i went to the party bus and this gentleman came out. >> which gentleman? >> white shirt on. >> come on up. >> i got on the party bus and i said wow, you're a little early. he said it's okay. i'll wait for them. so what are we supposed to be doing? i said they're supposed to ride around for six hours and the last stop is supposed to be chelsea piers. he said oh, no. i was contracted to drop them off at chelsea piers to get on a boat and then come back and pick them up. i said well, that's not -- that's not what i did.
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when i spoke to legacy, he asked me what was the agenda and i said they wanted to ride around and he's charging me $150 an hour so i said what are they going to do at chelsea piers for six hours? he said well, i don't know. i'm going to call legacy. my company does not do that. before i do that, i will abandon the contract. >> you must have been freaking out. >> right. so i said well, you know what? you call legacy on your end. i'm going to call legacy. i got on the phone to call legacy. she said i'm on the phone with the driver now. so i said to her, well, my daughter has her 33 friends waiting to get on a bus. what am i supposed to tell them? she said wait. let me try to contact mike. i said in the meantime, i'm going downstairs to talk to the driver again. when i got downstairs, he was pulling off and this was about 9:30. >> he was just leaving. >> leaving. >> you must have been furious. >> so i went upstairs and i told my daughter, do you know what? call your friends and tell them
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that -- to hold up until we find out something. i'm on the phone with legacy now. she's trying to get in contact with her husband to find out what's going on. >> let me hear from you, please. richard, what's your last name? >> frederick. >> what's going on? >> i arrived approximately 9:30 at which point i call the client and i said to her, i understand that you're going to the chelsea piers. my contract stated drop off -- you know, bring to the chelsea piers. >> destination, as directed, chelsea piers, 4:00 a.m., drop at back where you pick them up. okay. what did you believe as directed meant? >> what i did is prior to leaving the shop to do the job, i asked my dispatcher, okay. what's the job? i always do that. he said you're picking up here in the bronx and taking them to chelsea pier and then returning th
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