Wednesday, June 2, 2010

a win for the little guy

This is kind of old news, for me, but it's getting a little attention now so I may as well fan the flames. The facts are a little mixed up in Bob's blog. the fact is I won three separate claims in small claims court against Burger King for harm caused by their blatant disregard for noise control laws. Specifically, they disregarded laws that prohibit construction from beginning before 7AM on weekdays, before 8AM on Saturdays, and "never ever on Sundays." That's a direct quote from the law.

"The law" that Burger King corporate and franchise owners feel they are above or immune from the consequences of the law. And generally speaking they probably are, except in the case when they disturbed this hard-working gal once too often and when the construction began, it was way too violent. It was a protracted battle compounded by their abuse of the drive thru window speaker box that went off from 6AM to 2AM on weekends. Come on, even renters have a right to a good sleep.

Dealing direct with the franchise owner was unfulfilled, they couldn't even say "sorry." So I thought about and thought about it and came up with a good plan of counter-attack. Out of the 8 days of being woken up by their construction noise, I picked the 3 most egregious (2 Saturdays and a Sunday) and file three separate claims, one for each day, to compensate for the consequences of them breaking the law. I won.

It's worth it. If you feel wronged by an entity that seems too big to lose--take action. Even if I didn't win the money, it was nice to be heard in a court and watch the judges look of disgust as he questioned "the defendant" as to why this happened. The answer was vague. But my petition was very clear.

You can win too.

Thank you to Neighbors from Hell dot com for the encouragement and to Bob for the kind words.

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