Contact me at markploftus@aol.com

First, an update on the Besler case I discussed on April 4. That was the case out of Mercer County New Jersey where a multi-million dollar verdict was rendered by the jury on behalf of Ms. Besler. She claimed that due to the badgering of a high school coach about her weight she developed an eating disorder that went on for 8 years. According to Overlawyered, a legal blog keeping tabs on the "high cost of our legal system" Superior Court Judge Paulette Sapp-Peterson threw out the $1.5 million dollar verdict saying that Besler had not proven any real damages. Now there's a gutsy judge. Usually judges don't trifle with jury verdicts. The plaintiff has vowed to appeal the Court's order.

Got another call on a mold case yesterday. Although I haven't met with the client, it appears that some HVAC company trifled with his ventilating system and not long thereafter, he started seeing spots of mold on his walls etc. He then goes up into the attic and his entire attic is covered with black mold. He may have to get the entire roof taken off. He has been told the actions of the HVAC company may have caused these problems. I meet with him tomorrow.

I also been asked to represent two women in a consumer fraud case against a local car dealership. Seems the car dealership had a habit of selling used cars as new. The first woman had to bring her car in 18 times for various repairs before learning the car wasn't new. At that point, to silence her, they gave her another car(for more money). In the other woman's case, the salesman misrepresented the history of the car(what, a car salesman being untruthful? Say it ain't so). Client was told the car had only one previous owner, a young girl whose father brought it for her and she returned it because she didn't like the color. Not quite. The car was actually a rental that had been involved in an accident and then sold at auction. Their damages are not staggering, but the case does has some jury appeal(systemic lying to women about cars). I have the two women lined up, and there is a third who may be on board as well. If I prevail on a consumer fraud basis, I would likely recover attorney fees. Usually the dealerships are terrified by that possibility so they try to work things out. I am still mulling this one over...