Sue happy teens - ipod scandal!

SUBMAN1 · 08-23-06, 09:56 AM

iPod case tossed out of court on technicality

By Karl Stampfl Staff writer

WHEATON — In a courtroom scene reminiscent of television's Judge Judy show, the two sides in a debate over a missing iPod faced off Monday morning.

The brief showdown resulted in the dismissal of a complaint by Melanie McCarthy, the mother of Shannon Derrik, 14, the owner of the missing music player.

McCarthy is suing Stephanie Eick, also 14, for $475, after Stephanie borrowed Shannon's new iPod and, while Shannon was in the restroom, set it on Shannon's desk. That was on their last day of middle school in June. The iPod, which Shannon said she had saved for while working part-time and baby-sitting, was missing when she returned.

DuPage Circuit Court Judge Dorothy French dismissed the complaint on a request by the defendant because of a technical issue: 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. They will return to French's courtroom on Sept. 21.

At that hearing, 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.

Outside of 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 Stephanie's parents haven't made a fair offer.

"Mrs. Eick states a refurbished iPod can be purchased for $45," McCarthy said in a letter to the Naperville Sun. "Shannon's iPod was only two weeks old and had a new pink leather carrying case and $50 worth of iTunes."

Stephanie's father, 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.

The two girls will start their freshman year at Waubonsie Valley High School in Aurora next week.

Shannon and Stephanie 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 each 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 All-American Rejects, which were once mainstays on her iPod.

08/22/06

08-23-06, 09:56 AM	#1
SUBMAN1 Rear Admiral Join Date: Apr 2005 Posts: 11,866 Downloads: 0 Uploads: 0	Sue happy teens - ipod scandal! iPod case tossed out of court on technicality By Karl Stampfl Staff writer WHEATON — In a courtroom scene reminiscent of television's Judge Judy show, the two sides in a debate over a missing iPod faced off Monday morning. The brief showdown resulted in the dismissal of a complaint by Melanie McCarthy, the mother of Shannon Derrik, 14, the owner of the missing music player. McCarthy is suing Stephanie Eick, also 14, for $475, after Stephanie borrowed Shannon's new iPod and, while Shannon was in the restroom, set it on Shannon's desk. That was on their last day of middle school in June. The iPod, which Shannon said she had saved for while working part-time and baby-sitting, was missing when she returned. DuPage Circuit Court Judge Dorothy French dismissed the complaint on a request by the defendant because of a technical issue: 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. They will return to French's courtroom on Sept. 21. At that hearing, 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. Outside of 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 Stephanie's parents haven't made a fair offer. "Mrs. Eick states a refurbished iPod can be purchased for $45," McCarthy said in a letter to the Naperville Sun. "Shannon's iPod was only two weeks old and had a new pink leather carrying case and $50 worth of iTunes." Stephanie's father, 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. The two girls will start their freshman year at Waubonsie Valley High School in Aurora next week. Shannon and Stephanie 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 each 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 All-American Rejects, which were once mainstays on her iPod. 08/22/06 __________________