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This guy needs to pay, Do you agree?

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Stinger66

Junior Member
What is the name of your state?What is the name of your state?I live in California..
I have small business that services the commercial food industry. We mainly service pizza ovens while the stores are closed.. My largest customer is the leading national chain with 380 stores in my area of service..

There is a Starbucks type coffee place next door to one of my customers locations that happened to get his propane portable patio heater stolen the same night my crew was next door working.

The owner of the coffee shop went to my customer and accused my 2 guys of the theft and after conducting his own little investigation, called in the local police to report his findings.

Nobody informed me of the theft as the Police didnt believe my workers were involved. But after 2 weeks of not recieving any work from my customer I called to find out why.. I was told that the owner called the Loss Prevention Manager for this Pizza chain and told him that his contractors are thieves and he wanted to know why they allowed us to work .
He supported his claim by saying that he has a security video showing my men removing the heater from his store patio. But if we returned the heater, he wouldnt turn the video over to the police.

I found this totally out of character of my employees, in fact, the man that runs that crew is my son.

I then went to this store owner and asked him if I could see the video before I accused my guys of being theives, he told me that there really was no video,, that that was a ploy to get his heater back..
Well his little ploy didnt get it back but my customer felt there was enuf reason stop allowing my company to work for them untill we were totally cleared of this..

Finally, after three full months of not working I get the final police report to the people that clears my men completely.. I was able to prove that my men were at a different location during the window of opportunity the theft occured. I have contracted to this Pizza chain for 11 years without a single problem untill this mans accusations caused me to lose a minimum of$45,000, as well as diminished amounts of work sinse we were cleared.. My 2 workers had to be layed off and had to find new jobs. I didnt get them back after they were accused of being theives.

This mans faulse accusations have all but cost me my business and put me into bankrupcy. I cant afford to continue the health insurance and my wife recently was diagnosed with cancer,, Not his fault of course, but without the insurance, I fear she cant get the care she needs and would of had.

My question is can I make this man pay for his wrong doings?. He owns 4 small business that I would love to put my name on the storefront windows..

Di I have any right to sue?

Thank you
 


S

seniorjudge

Guest
Stinger66 said:
What is the name of your state?What is the name of your state?I live in California..
I have small business that services the commercial food industry. We mainly service pizza ovens while the stores are closed.. My largest customer is the leading national chain with 380 stores in my area of service..

There is a Starbucks type coffee place next door to one of my customers locations that happened to get his propane portable patio heater stolen the same night my crew was next door working.

The owner of the coffee shop went to my customer and accused my 2 guys of the theft and after conducting his own little investigation, called in the local police to report his findings.

Nobody informed me of the theft as the Police didnt believe my workers were involved. But after 2 weeks of not recieving any work from my customer I called to find out why.. I was told that the owner called the Loss Prevention Manager for this Pizza chain and told him that his contractors are thieves and he wanted to know why they allowed us to work .
He supported his claim by saying that he has a security video showing my men removing the heater from his store patio. But if we returned the heater, he wouldnt turn the video over to the police.

I found this totally out of character of my employees, in fact, the man that runs that crew is my son.

I then went to this store owner and asked him if I could see the video before I accused my guys of being theives, he told me that there really was no video,, that that was a ploy to get his heater back..
Well his little ploy didnt get it back but my customer felt there was enuf reason stop allowing my company to work for them untill we were totally cleared of this..

Finally, after three full months of not working I get the final police report to the people that clears my men completely.. I was able to prove that my men were at a different location during the window of opportunity the theft occured. I have contracted to this Pizza chain for 11 years without a single problem untill this mans accusations caused me to lose a minimum of$45,000, as well as diminished amounts of work sinse we were cleared.. My 2 workers had to be layed off and had to find new jobs. I didnt get them back after they were accused of being theives.

This mans faulse accusations have all but cost me my business and put me into bankrupcy. I cant afford to continue the health insurance and my wife recently was diagnosed with cancer,, Not his fault of course, but without the insurance, I fear she cant get the care she needs and would of had.

My question is can I make this man pay for his wrong doings?. He owns 4 small business that I would love to put my name on the storefront windows..

Di I have any right to sue?

Thank you
One false police report did all that damage?

Well, if you can prove that in court, why aren't you suing him?
 

JETX

Senior Member
Stinger66 said:
My question is can I make this man pay for his wrong doings?
It certainly sounds like his conduct could be actionable defamation. I would suggest you talk with a local attorney who can review the specifics of you claim.
 

Stinger66

Junior Member
Seniorjudge..

Yes it was just one police report that caused Pizza Hut to stop allowing my company to continue working for them. Even tho there was nothing stolen from my customer, I fail to see why a neighboring stores loss has anything to do with Pizza Hut.

I am sure the owner of the coffee shop was just trying to get his property back, but his methods resulted in much more. His $200.00 heater cost me over $100,000 and still counting..Had I known, I would of just bought him a new heater but I couldnt bring myself to let that act as an admission of guilt.

Who is actually libel here?.. The coffee store owner for the faulse accusations,, or Pizza Hut for their actions when if fact nothing was stolen from them but from a neighbor?..

Thank You for your advice..
 

Stinger66

Junior Member
JETX..

Thank you for your advice,, I believe that it is sound and I will follow up on both of the replies.

Im doubt that I will find an lawyer that will handle this type of case on a contingency basis, and with the cost of fees I needed reassurance from someone more familiar with law, even if it is an advisory forum it somewhat confirms what I hoping to recieve.
Thanks again.
 

JETX

Senior Member
Your claim would be against the store owner... for his conduct. Pizza Hut is not liable to you as their conduct was 'reasonable' based on the information that they were given.

Depending on whether this small business owner is 'viable', you might just find an attorney willing to take this on contingency.
 

JETX

Senior Member
chowdmouse said:
What exactly is meant by 'viable'? Does it have a specific legal meaning?
It means if the guy has any non-exempt assets. A lot of people overlook the fact that a defendant may have NOTHING and is, in essence, judgment proof. However, they still go through the process of suing the person/company.... all for nothing.
If this person has sufficient assets to warrant pursuing this claim against him, that could go a long way to having an attorney consider doing this on a contingent fee basis.
 
S

seniorjudge

Guest
JETX said:
It means if the guy has any non-exempt assets. A lot of people overlook the fact that a defendant may have NOTHING and is, in essence, judgment proof. However, they still go through the process of suing the person/company.... all for nothing.
If this person has sufficient assets to warrant pursuing this claim against him, that could go a long way to having an attorney consider doing this on a contingent fee basis.
I agree and hope the bad guy has assets.

His actions are clearly intentional.
 

Stinger66

Junior Member
JETX said:
Your claim would be against the store owner... for his conduct. Pizza Hut is not liable to you as their conduct was 'reasonable' based on the information that they were given.

Depending on whether this small business owner is 'viable', you might just find an attorney willing to take this on contingency.
I agree that Pizza Hut did what any coorporation would probably do in their situation. And they arent concerned with who they hurt in the interum.

Viable...brings up another flag tho. I dont know how well he has his 4 businesses protected from something like this or if a person can protect their businesses with any type of insurance. If being incoorporated would protect his assests. Or how I would go about finding out this information in advance.

All good points of information from the forum members. Thank You for your time and feedback
 
S

seniorjudge

Guest
msincognito said:
Wouldn't insurance make him even more "viable?" Two pockets to hit as opposed to one?
I am unaware of insurance that covers you for committing intentional torts.
 

stephenk

Senior Member
the claim against the store owner would be for negligence. that way insurance coverage applies. if the guy has assets in addition to his insurance coverage, then you also claim intential tort.
 
S

seniorjudge

Guest
Stinger66 said:
In Cali. Dont stop now please,,, the more replies the easier it is to understand my options.

Thank You all..
Your best option: hire a lawyer.
 

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