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.
"I wasn’t thread nannying at all. I’m GLAD that this scumbag adulterer’s getting all of this attention."
GOOD for YOU!
I was afraid that, unlike last encounters with you, you were being anal.
I've never thought you to be so.
LOL
Me? Anal? Never.
Adultery destroyed my family.
As soon as I find a picture of the bum, I’m posting it on all three threads, and making it into a large bumper sticker...
Nice to see you too, FRiend.
"As soon as I find a picture of the bum, I’m posting it on all three threads, and making it into a large bumper sticker..."
GO FOR IT!!!
Take care, my FRiend! ;o)
I Love It! Good work exposing the scum bag used car dealer.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.