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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?


To: John Sladek who wrote (2609)3/12/2002 12:25:06 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 12465
 
Off Topic: When Your Kid Screws Up, Litigate

15 Minutes
By Fairfield County Weekly Staff
Published 03/07/02

When Your Kid Screws Up, Litigate

Mommy's little angel engaged in petty vandalism at his school and got expelled. Time for an instructive spanking? No. Time for a lawsuit. According to a Jan. 25 New York Times report, 12-year-old Ross Marhoffer and 13-year-old triplets Andrew, William and Christopher Pralle--seventh-graders at the $12,000-a-year Ridgefield Academy--were involved in the theft of a school janitor's keys. So armed, the boys visited the school on Halloween and had what appeared to be an epic food fight. Fudgecicles and Italian ice were consumed. Oregano was tossed hither and yon, eggs were tossed at a school bus. Knives and other kitchen implements were scattered about the school grounds.

The boys, proud of their accomplishment, bragged to classmates. Omerta, boys. Omerta. Failing to uphold the code of silence, they were busted a few days after their comestible-oriented spree. Word travels quickly in middle school. Ridgefield police said they responded to the school to investigate, but that academy administration chose not to press charges. Headmaster James Heus would handle the miscreants on his own.

The parents of Marhoffer and the Pralles said Heus interrogated the boys, obtained their "confessions" and decided on their punishment--all without consulting them. Here's where Susan Marhoffer's chosen profession--the practice of law--comes into play.

On Jan. 14 Marhoffer, on behalf of herself, her husband John and naughty Ross, filed a lawsuit in Danbury Superior Court against the academy and Heus, alleging fraudulent misrepresentation, unfair trade practices, breach of contract, breach of fiduciary duty, false imprisonment, negligence, reckless and wanton misconduct, negligent infliction of emotional harm, unjust enrichment, defamation, wrongful dismissal. The family asks for $15,000-plus in damages. Thus far, the Pralles have not followed suit.

Attorney Neil Marcus, who represents the academy and Heus, later filed a request to revise the Marhoffer suit. The document essentially asks what seems the obvious question, "What the ...?" Boiled down to the basics, the 11-page document asks the court to ask Susan Marhoffer to please provide a wee bit of justification for her claims. The suit alleges a breach of contract, but doesn't include a copy of the contract in question. It says that someone promised door-to-door bus service and failed to follow through. This person is not named. And the suit claims the academy "made misrepresentations and deliberate omissions" but fails to give so much as a hint as to their nature. As regards the false imprisonment allegation, Marhoffer wrote, "Defendant Heus segregated the minor child from the school community and isolated him in a room over several days." Once upon a time, this was called detention. She also claims that Heus threatened Ross with physical harm, but doesn't say how. In many other places, Marcus' filing says, the suit proffers conclusions but few, if any, facts.

Then why did the two sides reach a settlement last week? That's a tough one. When contacted, Marhoffer simply said, "My biggest problem with the school are the untruths about that night." She then said that if Marcus agreed, the Weekly could have a look at the settlement. Marcus said Friday that a press release regarding the settlement would be available after the document is signed by all parties. The press release was not available as of Tuesday nor had the settlement been filed in court.

Whatever the settlement entails, it's sure to have taught Master Ross a lesson that will be useful throughout his life: When you screw up, litigate.

-Joe Miksch

newmassmedia.com