Were These Really, "Cookie Monsters"?

Eightball

Senior Member
Oct 13, 2004
1,359
253
48
Were These Really Cookie Monsters? :rolleyes:

I'm really having a hard time understanding this court ruling.

Regards, Eightballsidepocket :)


Article Published: Friday, February 04, 2005
Cookie klatch lands girls in court

Two Durango teens thought they'd surprise neighbors with nighttime deliveries of home-baked treats. But one woman was so terrified, she sued and has won.

By Electa Draper
Denver Post Staff Writer


Post / Shaun Stanley
Taylor Ostergaard, left, and Lindsey Jo Zellitti hold one of the plates of cookies they dropped on neighbors’ porches in July. One recipient sued, saying the gift spurred a trip to the emergency room.

Durango - Two teenage girls decided one summer's evening to skip a dance where there might be cursing and drinking to stay home and bake cookies for their neighbors.

Big mistake.

They were sued, successfully, for an unauthorized cookie drop on one porch.

The July 31 deliveries consisted of half a dozen chocolate-chip and sugar cookies accompanied by big hearts cut out of red or pink construction paper with the message: "Have a great night."

The notes were signed, "Love, The T and L Club," code for Taylor Ostergaard, then 17, and Lindsey Jo Zellitti, 18.

Inside one of the nine scattered rural homes south of Durango that got cookies that night, a 49-year-old woman became so terrified by the knocks on her door around 10:30 p.m. that she called the sheriff's department. Deputies determined that no crime had been committed.

0204cook.jpg


But Wanita Renea Young ended up in the hospital emergency room the next day after suffering a severe anxiety attack she thought might be a heart attack.

A Durango judge Thursday awarded Young almost $900 to recoup her medical bills. She received nothing for pain and suffering.

"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."

Taylor's mother, Jill Ostergaard, said her daughter "cried and cried" after Judge Doug Walker handed down his decision in La Plata County Small Claims Court.

"She felt she was being punished for doing something nice," Jill Ostergaard said.

The judge said that he didn't think the girls acted maliciously but that it was pretty late at night for them to be out. He didn't award any punitive damages.

Taylor and Lindsey declined to comment Thursday, saying only that they didn't want to say anything hurtful.

Young said the girls showed "very poor judgment."

But Taylor had asked her father's permission to bake cookies for the neighbors after livestock-tending chores were done.

"I said, 'Go ahead, as long as I get some cookies,"' Richard Ostergaard said Thursday.

Just as dusk arrived a little after 9 p.m., Taylor and Lindsey began their mad spree. They didn't stop at houses that were dark. But where lights shone, the girls figured people were awake and in need of cookies. A kitchen light was on at Young's home.

Court records contain half a dozen letters from neighbors who said that they enjoyed the unexpected treats.

The cookies were good. It was a nice surprise. They weren't scared.

But Young, home with her own 18-year-old daughter and her elderly mother, said she saw shadowy figures who banged and banged at her door. When she called out, "Who's there?" no one answered. The figures ran off.

She thought perhaps they were burglars or some neighbors she had tangled with in the past, she said.

"We just wanted to surprise them," Taylor said.

Young left her home that night to stay at her sister's, but her symptoms, including shaking and an upset stomach, wouldn't subside. The next morning she went to Mercy Medical Center.

"We feel that knocking on a door and leaving cookies is a gesture of kindness and would not create an anxiety attack in the general public," Taylor's parents wrote to the court.

The girls wrote letters of apology to Young. Taylor's letter, written a few days after the episode, said in part: "I didn't realize this would cause trouble for you. ... I just wanted you to know that someone cared about you and your family."

The families had offered to pay Young's medical bills if she would agree to indemnify the families against future claims.

Young wouldn't sign the agreement. She said the families' apologies rang false and weren't delivered in person. The matter went to court.

Young said she believes that the girls should not have been running from door to door late at night.

"Something bad could have happened to them," she said.
 
Eightball said:
Were These Really Cookie Monsters? :rolleyes:

I'm really having a hard time understanding this court ruling.

Regards, Eightballsidepocket :)


Article Published: Friday, February 04, 2005
Cookie klatch lands girls in court

Two Durango teens thought they'd surprise neighbors with nighttime deliveries of home-baked treats. But one woman was so terrified, she sued and has won.

By Electa Draper
Denver Post Staff Writer


Post / Shaun Stanley
Taylor Ostergaard, left, and Lindsey Jo Zellitti hold one of the plates of cookies they dropped on neighbors’ porches in July. One recipient sued, saying the gift spurred a trip to the emergency room.

Durango - Two teenage girls decided one summer's evening to skip a dance where there might be cursing and drinking to stay home and bake cookies for their neighbors.

Big mistake.

They were sued, successfully, for an unauthorized cookie drop on one porch.

The July 31 deliveries consisted of half a dozen chocolate-chip and sugar cookies accompanied by big hearts cut out of red or pink construction paper with the message: "Have a great night."

The notes were signed, "Love, The T and L Club," code for Taylor Ostergaard, then 17, and Lindsey Jo Zellitti, 18.

Inside one of the nine scattered rural homes south of Durango that got cookies that night, a 49-year-old woman became so terrified by the knocks on her door around 10:30 p.m. that she called the sheriff's department. Deputies determined that no crime had been committed.

0204cook.jpg


But Wanita Renea Young ended up in the hospital emergency room the next day after suffering a severe anxiety attack she thought might be a heart attack.

A Durango judge Thursday awarded Young almost $900 to recoup her medical bills. She received nothing for pain and suffering.

"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."

Taylor's mother, Jill Ostergaard, said her daughter "cried and cried" after Judge Doug Walker handed down his decision in La Plata County Small Claims Court.

"She felt she was being punished for doing something nice," Jill Ostergaard said.

The judge said that he didn't think the girls acted maliciously but that it was pretty late at night for them to be out. He didn't award any punitive damages.

Taylor and Lindsey declined to comment Thursday, saying only that they didn't want to say anything hurtful.

Young said the girls showed "very poor judgment."

But Taylor had asked her father's permission to bake cookies for the neighbors after livestock-tending chores were done.

"I said, 'Go ahead, as long as I get some cookies,"' Richard Ostergaard said Thursday.

Just as dusk arrived a little after 9 p.m., Taylor and Lindsey began their mad spree. They didn't stop at houses that were dark. But where lights shone, the girls figured people were awake and in need of cookies. A kitchen light was on at Young's home.

Court records contain half a dozen letters from neighbors who said that they enjoyed the unexpected treats.

The cookies were good. It was a nice surprise. They weren't scared.

But Young, home with her own 18-year-old daughter and her elderly mother, said she saw shadowy figures who banged and banged at her door. When she called out, "Who's there?" no one answered. The figures ran off.

She thought perhaps they were burglars or some neighbors she had tangled with in the past, she said.

"We just wanted to surprise them," Taylor said.

Young left her home that night to stay at her sister's, but her symptoms, including shaking and an upset stomach, wouldn't subside. The next morning she went to Mercy Medical Center.

"We feel that knocking on a door and leaving cookies is a gesture of kindness and would not create an anxiety attack in the general public," Taylor's parents wrote to the court.

The girls wrote letters of apology to Young. Taylor's letter, written a few days after the episode, said in part: "I didn't realize this would cause trouble for you. ... I just wanted you to know that someone cared about you and your family."

The families had offered to pay Young's medical bills if she would agree to indemnify the families against future claims.

Young wouldn't sign the agreement. She said the families' apologies rang false and weren't delivered in person. The matter went to court.

Young said she believes that the girls should not have been running from door to door late at night.

"Something bad could have happened to them," she said.


Well you see, all bad guys always knock on the door attempting to give you cookies. They never bust into the house knocking you to the floor and make sure you aren't calling the cops. This is why it was reasonable to assume that this old lady would think you were bad guys when you knocked on her door and go into a panic mode. Therefore using the reasonable person requirment for a lawsuit of this type it was reasonable for the old lady to panic because bad guys always knock.

Well it's either that or the Jury was packed with idiots.

:scratch:
 
This is so getting appealed and if it doesnt I would so launch a suit against the lawyer for being incompatent.

The judge said that he didn't think the girls acted maliciously but that it was pretty late at night for them to be out. He didn't award any punitive damages
.

Interestngly enough it doesnt look like a jury was involved here. Just the judge who made the decision.

A Durango judge Thursday awarded Young almost $900 to recoup her medical bills. She received nothing for pain and suffering.

"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."

Learned what freakin lesson? That if you do something nice instead of go out drinking and driving some greedy ass lawyer is going to try to take your money? There is no proximate causation here. And I am not really sure there is any factual causation here. Let me look over the facts of the case and give me a couple plates of cookies and ill have this suit reversed in appeal and then counter sue that greedy ass lawyer for such a fraudulant suit.
 
Avatar4321 said:
Learned what freakin lesson? That if you do something nice instead of go out drinking and driving some greedy ass lawyer is going to try to take your money?

Call me a cynic, but my favorite phrase is "No good deed goes unpunished."
 
What tha?
You mean it's against the law to knock at someone's door at after it gets dark?
You mean you now need "authorization" to leave cookies on someone's porch?

A plate of cookies with a nice note led this woman to have a panic attack? Wow, her mind must be warped. Is our society this warped?

This is too crazy...next year it'll be lawsuits for looking funny at somebody...
 
ScreamingEagle said:
What tha?
You mean it's against the law to knock at someone's door at after it gets dark?
You mean you now need "authorization" to leave cookies on someone's porch?

A plate of cookies with a nice note led this woman to have a panic attack? Wow, her mind must be warped. Is our society this warped?

This is too crazy...next year it'll be lawsuits for looking funny at somebody...

This isnt a criminal suit its a civil suit. All they have to prove is they were negligent. Probably some theory that the woman was damaged by them knocking at the door. its pretty lame.

Where exactly was this? Why dont we have a link for the article.
 
Avatar4321 said:
This isnt a criminal suit its a civil suit. All they have to prove is they were negligent. Probably some theory that the woman was damaged by them knocking at the door. its pretty lame.

Where exactly was this? Why dont we have a link for the article.

Here's a few links in fact......sorry for not providing them, I thought we were working on the "honor" system in this forum.......lol

http://www.denverpost.com/Stories/0,1413,36~53~2691638,00.html

http://www.axcessnews.com/national_020405c.shtml

http://www.profindpages.com/news/2005/02/04/MN731.htm

http://today.reuters.co.uk/News/new..._01_HOL469475_RTRIDST_0_OUKOE-ODD-COOKIES.XML

http://www.abc.net.au/news/newsitems/200502/s1296548.htm

http://www.azcentral.com/arizonarepublic/local/articles/0204girls-cookies04.html

http://www.thedenverchannel.com/news/4164580/detail.html

http://www.elitestv.com/pub/2005/Feb/EEN4203da192341e.html

http://www.dailybreeze.com/news/nationworld/articles/1229527.html

http://cnews.canoe.ca/CNEWS/World/2005/02/04/920769.html

These should suffice........lol :salute:
 
I just wonder where we draw the line on "appropriate" though?

For instance, I drive down a street, and my car back-fires, and some person in the near vicinity, has a an anxiety attack, or falls down and hits their head, and gets a concussion.........My intentions were not meant to harm.......the engine didn't do what I wanted it to do........though engines can back-fire......

Then we have these teens that wanted to do a nice thing........with no intention of causing person "X" to have an anxiety attack.........and now they're being punished for this ladies.........ab-normal reaction to the gesture.

Apparently this lady has a problem, and shouldn't that be taken into account with the court's decision........In some ways maybe it was..........but in another.....the ruling also could have literally, "snuffed" the desire to perform loving, neighborly gestures in two young, impressionable teens.

Another scenario would be this, and then maybe the suit seems appropriate. The kids drop a burning, paper bag filled with dog poop on the ladies door step, and then ring the door bell and run. The lady sprains her ankle stomping on the burning bag..............lol :teeth:

Just my opinion. :teeth:
 
so much for love thy neighbor! fuck thy neighbor now. you see so many kids doing malicious things now days that it makes one sick. but let these two girls do something nice and get sued for it. fucking retarded
 
Eightball said:
I just wonder where we draw the line on "appropriate" though?

For instance, I drive down a street, and my car back-fires, and some person in the near vicinity, has a an anxiety attack, or falls down and hits their head, and gets a concussion.........My intentions were not meant to harm.......the engine didn't do what I wanted it to do........though engines can back-fire......

Then we have these teens that wanted to do a nice thing........with no intention of causing person "X" to have an anxiety attack.........and now they're being punished for this ladies.........ab-normal reaction to the gesture.

Apparently this lady has a problem, and shouldn't that be taken into account with the court's decision........In some ways maybe it was..........but in another.....the ruling also could have literally, "snuffed" the desire to perform loving, neighborly gestures in two young, impressionable teens.

Another scenario would be this, and then maybe the suit seems appropriate. The kids drop a burning, paper bag filled with dog poop on the ladies door step, and then ring the door bell and run. The lady sprains her ankle stomping on the burning bag..............lol :teeth:

Just my opinion. :teeth:

See this is why i have a hard time understanding why they actually found for the woman. there just isnt any proximate cause in this situation. its not foreseeable.
 
if i was these girls id file a counter suit. its the whole doing a nice thing and getting sued for it, its left mental scars on me and my friend. we could be the next female serial killers. i think we should sue for....ohhh... say 900.00?

so jsut what was the crime here anyway? malicious dropping of cookies?
 
God damn fucking lawyers. Some lawyer heard this crazy lady's case and instea dof saying "what the hell is wrong with you" like any normal human being would say, he said "yea sure ill take your money." They have no regard for anything except fucking money. Lawyers will be the end of this country and civiliazation as we know it.
 
"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."
i bet they did learn something from this...
 
Eightball said:
Were These Really Cookie Monsters? :rolleyes:

I'm really having a hard time understanding this court ruling.
.



A book that is suggested reading:

The Culture of Fear: Why Americans Are
Afraid of the Wrong Things

by Barry Glassner



Good read, and somthign we need to do about as a society.


Andy
 
CivilLiberty said:
A book that is suggested reading:

The Culture of Fear: Why Americans Are
Afraid of the Wrong Things

by Barry Glassner



Good read, and somthign we need to do about as a society.


Andy

I knew I recognized that name, Barry Glassner. Sociologist, I've read some of his texts.
 
As a side note to all of this a local radio station collected over 1900.00 to cover the cost of the girls and give them a little something extra. I guess not everyone in that town is an idiot!!!!!
 
Trigg said:
As a side note to all of this a local radio station collected over 1900.00 to cover the cost of the girls and give them a little something extra. I guess not everyone in that town is an idiot!!!!!

That's cool! I'm sure glad that happened. I hope the girls feel better, and I hope they continue to do good, charitable things in their community.
 

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