Post by wvhsparent on Aug 22, 2006 6:35:07 GMT -6
To be continued: Mother re-files amended lawsuit
By Karl Stampfl
staff writer
WHEATON — In a courtroom scene reminiscent of TV's "Judge Judy" show, the two sides in the debate over a missing iPod faced off Monday morning.
The brief showdown resulted in the dismissal of the complaint filed by Melanie McCarthy, the mother of Shannon Derrik, 14. McCarthy is suing Stephanie Eick, also 14, who borrowed Shannon's iPod during the last day of classes in June at Still Middle School. Stephanie left the iPod on Shannon's desk, but the device was missing when Shannon returned from the restroom.
DuPage Circuit Court Judge Dorothy French dismissed the complaint on a technicality: It did not say who is responsible for the lost iPod or why.
"I have no idea what this means," French said. "You don't explain what these damages are for."
But the case is far from over.
McCarthy re-filed an amended complaint Monday, and both sides are due back in French's courtroom on Sept. 21 at 8:45 a.m.
"I was hoping this would be settled today," McCarthy said.
On Sept. 21, Stephanie will be given the option of paying the $475 McCarthy is requesting to cover the cost of the iPod, court fees, an expensive carrying case and $50 in iTunes, or going to trial. Stephanie, who did not attend Monday's hearing, is represented by her father, Stephen, and their lawyer, Christopher Lunardini of Momkus McCluskey Monroe Marsh & Spyratos LLC of Downers Grove.
Outside the courtroom Monday, McCarthy said she is surprised the case has gone this far. She has said she is willing to settle for a fair amount, but the amount offered by the Eicks won't even cover court costs – let alone a replacement iPod for her daughter.
"Mrs. Eick states a refurbished iPod can be purchased for $45," McCarthy said in a letter to The Sun. "Shannon's iPod was only two weeks old and had a new pink leather carrying case and $50 worth of iTunes."
Stephen Eick said the dispute does not belong in court.
"I do not think disputes between 14-year-olds should be adjudicated in Circuit Court," he said.
When asked whether the Eicks were considering a countersuit, Lunardini said, "As of right now, we're defending this suit and exploring all of our options."
Classmates
The two girls will begin classes next week as freshmen at Waubonsie Valley High School.
Shannon has already been teased about the lawsuit. A boy tripped her at high school orientation last week, then said, "What are you going to do, sue me?"
Shannon said that she hasn't lost any friends over the lawsuit and that peers are not taking sides.
"They're all pretty cool about it," Shannon said. Stephanie agreed.
The girls seem less intense about the case than their parents. When reached by phone Monday afternoon, Stephanie said she had not heard exactly what had happened in court that morning, except that there is not yet a trial date.
They have both lost a friend.
"If I had to work with her for a project, I think I could do it," Stephanie said. "I know we're probably not going to be good friends again, but I don't hate her or anything."
In lieu of an iPod, Shannon said she relies on the radio to listen to her favorite bands such as Fall Out Boy and the All-American Rejects, which were once mainstays on her iPod.
- Contact Karl Stampfl at kstampfl@scn1.com or 630-416-5212.
The case of the iPod dispute between two Waubonsie Valley High School families isn't the only skirmish over the popular digital music player to make news recently.
Earlier this month, a 17-year-old from New York City was sentenced to 22 years to life in prison for the murder of another teen.
You guessed it: They were arguing over an iPod.
Darran Samuel was part of a gang that stabbed 15-year-old Christopher Rose to death.
Rose and his friends tried to resist another group of boys who were trying to steal an iPod that one of them was carrying.
The attack has been attributed to the popularity of the devices, how easy they are to steal, their worth – which can be hundreds of dollars – and the thousands of dollars of music they have the potential of holding.
The story evokes memories of another seemingly harmless consumer product that kids killed over: Air Jordans. In the late 1980s and early 1990s, a streak of violence was associated with the high-priced sneakers. Many robberies and even a few murders were tied to them. They became so popular that kids who couldn't afford their $125 price tag stole them, laying waste to whatever or whoever stood in their way.
- Source: The Associated Press