Posted on 08/09/2007 6:03:35 PM PDT by Orange1998
Man, florist in thorny lawsuit over wife's discovery
By MARY FLOOD
If you say it with flowers, you might wind up saying it again in court.
Claiming 1-800-flowers.com made his life considerably less rosy, a Missouri City man sued the company, alleging it made his divorce case thornier by faxing his wife a love note and receipt for flowers he sent his girlfriend.
Leroy Greer, a luxury car sales manager, filed a lawsuit this week in Houston federal court asking that the florist pay for his mental anguish and for the increased amount he figures he'll eventually pay in his ongoing Fort Bend County divorce because the company faxed his wife evidence against him.
Greer complains the florist breached the contract made when he called and ordered long-stemmed roses and a stuffed animal for his girlfriend. He says the florist broke its own privacy policy and specific promises made when he ordered and asked nothing be sent to his home.
The company said it will not comment on the lawsuit but also said it will not take responsibility "for an individual's personal conduct."
His conduct isn't the issue, said one of Greer's attorneys, Tara N. Long. "Our client is not saying the circumstances of his relationship are not his fault," she said.
But Long said 1-800-flowers.com harmed Greer, who alleges what had been an amicable divorce case bloomed into a hellish fight and he could lose more money because his wife now has written proof of his relationship with another woman.
"We didn't file this frivolously. We tried to talk to 1-800-flowers.com. All indications were they were willing to settle, then they stopped communicating," said Kennitra M. Foote, Greer's other attorney. They asked for $1 million in a demand letter to the florist. They said the extra divorce costs alone could be more than $300,000.
1-800-flowers.com, a publicly traded company based in Carle Place, N.Y., responded to an inquiry about the suit Thursday with a written statement from Steven Jarmon, vice president for brand communications and partnership marketing:
"At 1-800-flowers.com we take pride in creating relationships with our customers by recognizing and thanking them for their business. We take all matters relating to our customers seriously; however, we are not responsible for an individual's personal conduct. Beyond this, it is the company's policy not to comment on pending litigation and legal matters."
The lawsuit alleges that when Greer sent posies to his girlfriend, he was promised that the florist would send nothing to his home. But 1-800-flowers.com sent a discount coupon and a thank you card to Greer's house.
Greer's wife saw it, called the company and was faxed the receipt, according to the lawsuit. On the receipt is the name of the woman who received $100 in gifts, invoiced as "Occasion: Love & Romance."
And the message on the card: "Just wanted to say that I love you and you mean the world to me! Leroy."
This receipt is attached to Greer's federal lawsuit, along with a handwritten note on the bottom of the page: "Be a man! If you got caught red handed then don't still lie."
Greer said Thursday that his wife included that note when she faxed the receipt to him at work.
"Yes, it was my conduct," Greer said of the relationship and the gifts.
And he accepted the florist's conduct, to a point. "The thank you note was fine. It was sending all that information to my wife that's the problem," Greer said.
L. Mickele' Daniels, the divorce lawyer for Greer's wife, declined to comment on the lawsuit, and said nothing has happened on the divorce since February 2006. Greer's wife also did not want to comment.
County records show that the couple has filed and withdrawn divorce actions twice previously.
Greer said he expects this divorce to go through and to cost him a lot more than it would have before 1-800-flowers.com sent that fax.
Richard Alderman, a consumer law expert and University of Houston Law Center professor, said lawsuits against companies that break promises can have merit. "If a company doesn't do what it promises, what it represents, that is usually a breach of contract and a deceptive trade practice," said Alderman, who has not seen Greer's lawsuit.
"But the real question here is are there any damages, is he entitled to anything?" Alderman said.
He said under contract law, Greer has to show his damages were foreseeable. Under the deceptive trade practices law, he would have to show the florist promised him something it knew it would not do. And Greer would have to prove the divorce, if ever finalized, cost him more because of the fax.
As for sending flowers you want kept secret, Alderman said: "I'm a big consumer advocate but in this case I'd have to go with caveat emptor" — let the buyer beware.
Nothing says it like roses. ROFLMAO.
Sounds like things are not so rosy at home.
Dang, I hate when that happens.
There is nothing like a scorn woman.
Roses are red
Violets are blue
Proof of an affair
Is making him sue.
The other party is always going to find out and it’s usually in the strangest ways.
I support the company on this
If you don’t put yourself in a bad position, you usually don’t end up in one.
I think you hit the nail on the head! LOL!!
As a former trial lawyer, I wouldn't touch Greer's case with a ten-foot pole. Greer is going to be laughed out of court. But so is his lawyer, for filing this junk case.
Congressman Billybob
There’s like two other threads on this, and I’ll repeat what I said on them...
Cheaters SUCK!
I hope his mug is put on every newscast in the country.
BWAHAHAHAHAHA! Play with fire, get burned. And the fool has the chutzpah to sue.
“when he ordered and asked nothing be sent to his home.”
My first thought is did he tell them why? Because otherwise, the damages are unforseeable in my opinion. My second thought is did he get it in writing? Because if not, I would not believe a word he said.
My third thought is that if this was part of the contract, then it’s against public policy to enforce this provision. To me it appears that the husband’s loss was the wife’s gain.
From 1800Flowers.com to 1800Divorce.com
They should refund the cost of the flowers, and give him a coupon for half-off his next order. And that's being generous.
I wonder what the details are in this case. He had to use a credit card to order the flowers and I'm willing to bet he used the couple's joint credit card. As such, the wife would have had every right to call the company and ask for proof of the charges. He probably handled the finances and thought she would never see the credit card bill. It sucks to be him!
Since when do florists have a “confidentiality” agreement?
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