[Renegade]

Originally Posted by PQ

If it were me I'd say this is fair. Along with a clause that stated that ANY further damages to me be taken care of if future problems with my record came up.

It's not like he didn't know what he was being arrested for and that he'd get it straightened out.

Would you sue them that kinda money? And i agree with what you said.

[Rhyder]

"Among other things, Sawyer’s lawsuit alleged malicious prosecution, slander, defamation, abuse of process, negligence and fraud.
As a result of his experience, Sawyer has suffered emotional distress, shame, loss of reputation, sleeplessness, nightmares, fear of arrest and other consequences, the court papers added."

The awards made in many cases are not actually for the benefit of the defendant, but most of the time as a form of punishment for the company. If you have a multimillion dollar company doing something, and you slap them with a $2000 fine, its meaningless. Slapping them with a 2 million dollar settlement, gets their, and other companies like them, attention and is more likely to stop the criminal activity.

A couple examples:

In Florida, they passed a law stating they would fine anyone knocking the sand dunes down on the beach $50k. It’s bad for the environment and can cause further damage and erosion. Sounds like allot, but for the companies putting up a couple 100 million worth of condos, that was just entered as a small line item in the cost, and the dunes were gone. The fine did not deter the companies from doing something they knew was wrong and against the law. If they had made it a $50 million fine, perhaps the dunes would still be there.

in the famous coffee burn lawsuit, the settlement wasn’t as large as it was because of the fact that the woman burned herself, the settlement was that large because McDonalds had repeatedly disregarded the laws governing the temperature limits on their coffee, apparently you can get more coffee out of the same amount of grinds the hotter the water was, and accepted the estimated up to 700k in fines for not doing so as the profit margin was over a billion. So a settlement of less was not going to stop McDonalds from disregarding the law and putting people in danger to make a profit, but the large settlement did that. The Judge in fact put language to that effect in his deposition.

So it’s not always about if the person doing the lawsuit should receive the money, but more often a way to stop corrupt non caring organizations, civil and government, from disregarding laws and safety whenever they feel they will profit from it anyways.

Does four hours in lockup equal 2.2 million? Not likely, but I have a hard time believing this is an isolated case, how many people did they threaten with charging them with stolen vehicles in the past until they gave in? It’s hard for me to believe this was a spontaneous first time occurrence.

[Brokinarrow]

Originally Posted by SS 376

By the dealer's logic, a car buyer could have the salesman arrested for fraud if he overpaid for the car.

Would love to know exactly why the police even arrested the guy in the first place. Guessing the dealership probably didn't give the cops the whole story.

[Angrybird 12]

Originally Posted by Brokinarrow

Would love to know exactly why the police even arrested the guy in the first place. Guessing the dealership probably didn't give the cops the whole story.

The police finally dropped the charges when they got the whole story. And the dealer now says he will not have to pay the $5,600 dollars since they made the mistake. Nothing was said about him dropping his lawsuit though.

[Brokinarrow]

Originally Posted by Angrybird 12

The police finally dropped the charges when they got the whole story. And the dealer now says he will not have to pay the $5,600 dollars since they made the mistake. Nothing was said about him dropping his lawsuit though.

Yeah, I sure as hell wouldn't!

[jameslk55]

Maybe the dealer should arrest the employee that made the mistake...

[Tachometer]

He won't get squat.....Dealers always win!

[Rhyder]

Originally Posted by Angrybird 12

The police finally dropped the charges when they got the whole story. And the dealer now says he will not have to pay the $5,600 dollars since they made the mistake. Nothing was said about him dropping his lawsuit though.

Funny, cause in my opinion he never owed them the $5,600, he had a signed contract stating he owned that car free and clear. awfully nice of them to give him what was already his to begin with.......

[Renegade]

Originally Posted by Rhyder

"Among other things, Sawyer’s lawsuit alleged malicious prosecution, slander, defamation, abuse of process, negligence and fraud.
As a result of his experience, Sawyer has suffered emotional distress, shame, loss of reputation, sleeplessness, nightmares, fear of arrest and other consequences, the court papers added."

The awards made in many cases are not actually for the benefit of the defendant, but most of the time as a form of punishment for the company. If you have a multimillion dollar company doing something, and you slap them with a $2000 fine, its meaningless. Slapping them with a 2 million dollar settlement, gets their, and other companies like them, attention and is more likely to stop the criminal activity.

A couple examples:

In Florida, they passed a law stating they would fine anyone knocking the sand dunes down on the beach $50k. It’s bad for the environment and can cause further damage and erosion. Sounds like allot, but for the companies putting up a couple 100 million worth of condos, that was just entered as a small line item in the cost, and the dunes were gone. The fine did not deter the companies from doing something they knew was wrong and against the law. If they had made it a $50 million fine, perhaps the dunes would still be there.

in the famous coffee burn lawsuit, the settlement wasn’t as large as it was because of the fact that the woman burned herself, the settlement was that large because McDonalds had repeatedly disregarded the laws governing the temperature limits on their coffee, apparently you can get more coffee out of the same amount of grinds the hotter the water was, and accepted the estimated up to 700k in fines for not doing so as the profit margin was over a billion. So a settlement of less was not going to stop McDonalds from disregarding the law and putting people in danger to make a profit, but the large settlement did that. The Judge in fact put language to that effect in his deposition.

So it’s not always about if the person doing the lawsuit should receive the money, but more often a way to stop corrupt non caring organizations, civil and government, from disregarding laws and safety whenever they feel they will profit from it anyways.

Does four hours in lockup equal 2.2 million? Not likely, but I have a hard time believing this is an isolated case, how many people did they threaten with charging them with stolen vehicles in the past until they gave in? It’s hard for me to believe this was a spontaneous first time occurrence.

You made some valid points a highly likely..he'll get anything close to that. Again i'm not saying what the dealership did to him was right they deserve to pay the price for what they did. Hopefully the issue can be prevented and resolved like an adult.

[Kyle2k]

Originally Posted by Rhyder

The awards made in many cases are not actually for the benefit of the defendant, but most of the time as a form of punishment for the company. If you have a multimillion dollar company doing something, and you slap them with a $2000 fine, its meaningless. Slapping them with a 2 million dollar settlement, gets their, and other companies like them, attention and is more likely to stop the criminal activity.

THIS

[PQ]

Originally Posted by Renegade

Would you sue them that kinda money? And i agree with what you said.

I'd ask that they at least cover my car. It's still 35 ish grand I guess which I didn't necessarily earn but I'd be pretty pissed at the same time. I guess if I had a lawyer in my face telling me to get more I might listen. But Hopefully I could be fair.

[Brokinarrow]

Originally Posted by PQ

I'd ask that they at least cover my car. It's still 35 ish grand I guess which I didn't necessarily earn but I'd be pretty pissed at the same time. I guess if I had a lawyer in my face telling me to get more I might listen. But Hopefully I could be fair.

There's being fair for YOU, and there's making your point to the company understood. As someone else said, $35,000 isn't going to hurt the dealership. Just bringing up a $2 million law suit (whether or not he actually gets that much) sends them a very clear message: You messed with this mans rights, and you will pay for it.

[2ndCamaro79]

Amazing people get hurt in car accident or a slip and fall case, and people say your sue happy because your in pain? You get put in jail for 4 hours and you think you deserve 2 million. I think he should be covered for true losses, and whatever possible future losses. I could see the value being no more than 50K. My mom got bit by her neighbors dog when she was a kid, and now she is afraid of all animals. I don't think she saw even a dollar from the event. Of course this happened in the 50s.

[camaro-dreamer]

Originally Posted by 2ndCamaro79

I think he should be covered for true losses, and whatever possible future losses.

How do you calculate those future losses? Most every online job application I have ever filled out asks if I have ever been in jail. They did not ask if I had ever been convicted. I am an engineer, and none of the positions I have ever applied for carried any legal ramifications. Luckily, I am able to answer no to both questions. However, this gentleman can no longer say that. I say stick the book to the dealership and wring them dry. This is unacceptable behavior in a polite society.