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Torts and trousers: Justice won't be taken to the cleaners
Wednesday, June 27, 2007

Every now and then, a case comes along that epitomizes the excesses of our lawsuit-crazy culture.

We remember these cases because they sound like setups for late night jokes: The lady who sued McDonald's for making the coffee she spilled on her lap too hot, the psychic who sued a hospital for the loss of her powers after a brain scan, and now -- the D.C. judge who sued his dry cleaners for $54 million over lost trousers.

The details of the case have become the stuff of legend. Two years ago, Judge Roy Pearson took one half of his $1,150 Hickey Freeman suit to Custom Cleaners in Northeast Washington. Owners Soo and Jin Chung have a sign that reads "Satisfaction Guaranteed."

When the Chungs failed to produce Judge Pearson's pants, he seized upon the sign's language as a legally binding contract. Instead of accepting an offer of compensation that got as high as $12,000, Judge Pearson sued the Chungs for $54 million for violating their own guarantee of "satisfaction."

The case has been in court for two years, racking up enormous bills for both sides. This week, Judge Judith Bartnoff ruled that her colleague was entitled to "zip" for his efforts. She also ordered that the plaintiff pay the Chungs' court costs. A request to recover attorney fees is pending.

If Judge Pearson ends up paying a few hundred thousand dollars for filing a frivolous lawsuit, he'll have gotten off easy.

What's still left to be determined is whether his newfound notoriety will cost Judge Pearson reappointment to his $96,000-a-year job.

Judge Pearson could still appeal Judge Bartnoff's ruling, but it isn't likely to result in anything more than the siphoning of money from his bank account. His irresponsibility before the law is reminiscent of a man who having killed both parents begs for the mercy of the court because he's an orphan.

Thank goodness Judge Bartnoff didn't allow Judge Pearson to take justice to the cleaners.


Correction/Clarification: (Published June 29, 2007) This editorial as originally published June 27, 2007 about a court case against a Washington, D.C., dry cleaning shop incorrectly stated that plaintiff Roy Pearson was ordered to pay the defendants' legal fees. He was ordered to pay court costs. A request to recover attorney fees is pending.

First published on June 26, 2007 at 7:08 pm