Any advice?

[LarryS]

Texas
Hi
Some coworkers and I went out to lunch. The waiter accidently spilled a plate of hot food down my back. They replaced my shirt with one of the shirts they sell and picked up the tab for my meal. I hung my jacket on the chair and that was hit by the food as well. They offered to pay the dry cleaning bill. I washed the jacket at home but the grease stain did not come out. Took it to the dry cleaners and the spot still did not come out. I called and told them I paid 75.00 dollars for the jacket and 10.00 for dry cleaning and they said to come in with the jacket. The G.M. was willing to pay the money but wanted the jacket. I told him I could still use the jacket around the house and it had sentimental value because I bought it while vacationing in California. I then told him he could have the jacket for an additional 25.00 (my pay for 1 hour of my time) he said he wouldnt pay 100.00 and I told him I'll see him in small claims court. Here are my questions...

1. Is this a viable case? (I never been in court before).

2. Can I add a days pay to the amount I'm seeking? (for time spent in small claims court?)

3. Can I be compensated for the three hours or so for the discomfort I had from being burned by the food? (No marks on my back)

Thanks for any help/advice.

 

[JasonRT]

If he pays you the full value of the jacket - he is entitled to keep the jacket. Further, he may be entitled to deduct the payments he has already given you (credit on your meal) against the value of the jacket.

Because they have already offered to pay you, the court will probably not give you a day's pay because you didn't HAVE to go to court - they were prepared to pay you voluntarily.

The small claims court will not compensate you for your personal discomfort.

I suggest you call the restaurant back and apologize for being so unreasonable. If the jacket is still wearable then wear it and enjoy it. If not - then give it to the GM at the restaurant in exchange for the $75.00.


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