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Who's responsible for the missing iPod?

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  • Who's responsible for the missing iPod?

    iPod spat could end up on TV
    By Art Barnum
    Tribune staff reporter
    Published September 21, 2006, 8:54 PM CDT


    Television's Judge Judy may agree to resolve a dispute over who is financially responsible for a missing iPod. But if not, a DuPage County judge is preparing to do so.

    Two Waubonsie Valley High School parents who each blame the other's daughter for the missing iPod have been contacted by representatives of the "Judge Judy" show, they said.

    Representatives of the nationally syndicated TV show, which features former family court Judge Judith Sheindlin as an arbitrator hearing small-claims cases, have expressed a possible interest in presenting the case.

    If that doesn't occur, DuPage Judge Dorothy French, who presides over small-claims court, has invited Melanie McCarthy and daughter Shannon Derrick of Aurora as well as Stephen Eick and daughter Stephanie of Naperville to an Oct. 18 settlement conference at the DuPage County courthouse.

    French set that conference for 4:30 p.m. so that the two freshman students wouldn't have to miss any classes. She said if the issue isn't settled at that conference, she would set a trial date. Judges often offer advice and direction during settlement conferences.

    McCarthy and Stephen Eick's attorney, Christopher Lunardini, were the only people involved in the case appearing before French on Thursday.

    The battle over the missing iPod began on June 6, 2006, the last day of classes for 8th graders at Aurora's Still Middle School.

    Shannon Derrick said Stephanie Eick asked to listen to the iPod. Stephanie said she finished and had to go to another class, so she put the iPod on Shannon's vacant desk. Shannon claims the iPod was missing when she returned.

    McCarthy filed a small-claims lawsuit claiming it is Stephanie's responsibility to reimburse Shannon.

    McCarthy is suing for $335, which she said covers the cost of the 2-week-old iPod, a black leather case and an unspecified number of downloaded tunes.

    Stephen Eick claims it is not his daughter's fault the device was stolen and that she is under no obligation to pay.

    French dismissed the original complaint on Aug. 6 because of improper legal language. And on Thursday, she dismissed the corrected complaint for similar reasons. However, she allowed McCarthy to file another corrected complaint.

    French and other small-claims judges often take time to explain legal procedures to participants because most people appearing there are not represented by lawyers.

    Representatives of the "Judge Judy" show are reviewing the case and will decide soon whether to air it. If the case is on the show, both parties would have to agree that Sheindlin's decision would stand. The TV show does not accept cases that have been settled.

    McCarthy said flying to California to be on a TV show that airs all over the United States—as well as in England, Australia and the Middle East—would be another strange step in what seemed like a simple suit.

    "I never thought I would have to take on a legal team," McCarthy said after Thursday's court appearance. "I'm hoping we can end all of this. It would be nice."

    However, she added, "We are prepared to take it to the end."

    Adding to the bizarre nature of the case, about 20 members of a Waubonsie Valley High School business law class sat in on the case Thursday as part of a field trip.
    http://www.chicagotribune.com/news/c...,2566431.story

    So who do you think is responsible, Shannon-the iPods owner, or Stephanie-the last one to be in possession of the iPod?

    I think that leaving it on a desk and not handing it directly to Shannon was extremely careless on Stephanie's part, and so I think she should have been responsible for the device until she handed it back to Shannon directly.

    So I think Stephanie is responsible and should have to replace it.
    "To dream of the person you would like to be is to waste the person you are."-Sholem Asch

    "I always turn to the sports page first, which records people's accomplishments. The front page has nothing but man's failures."-Earl Warren

    "I didn't intend for this to take on a political tone. I'm just here for the drugs."-Nancy Reagan, when asked a political question at a "Just Say No" rally

    "He no play-a da game, he no make-a da rules."-Earl Butz, on the Pope's attitude toward birth control

  • #2
    not much happening today, huh?
    In the realm of spirit, seek clarity; in the material world, seek utility.

    Leibniz

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    • #3
      ipods suck

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      • #4
        Originally posted by parihaka View Post
        not much happening today, huh?
        Nope.:)
        "To dream of the person you would like to be is to waste the person you are."-Sholem Asch

        "I always turn to the sports page first, which records people's accomplishments. The front page has nothing but man's failures."-Earl Warren

        "I didn't intend for this to take on a political tone. I'm just here for the drugs."-Nancy Reagan, when asked a political question at a "Just Say No" rally

        "He no play-a da game, he no make-a da rules."-Earl Butz, on the Pope's attitude toward birth control

        Comment

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