OPINION

NWA LETTERS

Business owners‘feel’ mowed over by judge’s finding

My wife and I own a small business that repairs small engines, such as lawn mowers, riding lawn mowers and weed eaters. We have been in business for over eight years.

We had a customer bring in his mower. We replaced the starter, fuel filter, oil filter, spark plug, sharpened and balanced the blades. We called the customer and told him it was repaired. He asked how much, we told him and he paid the invoice with a credit card.

He called back on a Friday morning stating he could not pick it up during normal business hours and asked if we could leave it outside and he would pick it up after hours. The lady who handles the invoicing said that we could but we would not be responsible if anything happened to the mower. Both my wife and I heard her say that to the customer. The customer came by that afternoon, saw the mower was stationed outside the fenced area, removed the key, came inside and said he would come that evening to pick it up.

The customer did not come by that evening. He came by the next morning around 11 a.m. The mower had been stolen. He filed a police report and asked if we would pay for a new mower. We informed him we were sorry the mower was stolen but we had just followed his instructions and left it outside our secure area per his request and that he was fully aware where the mower was since he came and got the key.

The customer then called his credit card company and had the payment reversed. I personally wrote the credit card company stating what happened but they sided with the customer and refused to pay the invoice.

I filed a small claims lawsuit against the customer. Washington County District Court Judge Terra Stephenson heard the case. The judge agreed the customer had taken possession of the mower since he had come by, saw the mower was outside the secured area and took the key. She said we were not liable to replace the mower. However, Judge Stephenson said she did not feel it was fair for the customer to pay for the repairs since he did not receive the mower.

Judges are supposed to be impartial and rule on the facts, not on how she feels at any particular time. This is a microcosm of what is wrong with America today. No one is held responsible for their actions. We are out the money for the parts and the cost of the labor plus our profits. Why? Because Judge Terra Stephenson felt it was unfair. How about unfair to us? We did as the customer instructed us. We were doing the customer a favor.

Justice in Judge Terra Stephenson’s courtroom is whatever she feels it to be, forget the facts and the law. What justice!

Mike Clifford

Bentonville

[email protected]


Upcoming Events