http://www.yahoo.com/s/572368
WASHINGTON - The Chungs, immigrants from South Korea, realized
their American dream when they opened their dry-cleaning business
seven years ago in the nation's capital. For the past two years,
however, they've been dealing with the nightmare of litigation: a
$65 million lawsuit over a pair of missing pants.
Jin Nam Chung, Ki Chung and their son, Soo Chung, are so
disheartened that they're considering moving back to Seoul, said
their attorney, Chris Manning, who spoke on their behalf.
"They're out a lot of money, but more importantly, incredibly
disenchanted with the system," Manning said. "This has destroyed
their lives."
The lawsuit was filed by a District of Columbia administrative
hearings judge, Roy Pearson, who has been representing himself in
the case.
Pearson did not return phone calls and e-mails Wednesday from The
Associated Press requesting comment.
According to court documents, the problem began in May 2005 when
Pearson became a judge and brought several suits for alteration to
Custom Cleaners in Northeast Washington, a place he patronized
regularly despite previous disagreements with the Chungs. A pair of
pants from one suit was not ready when he requested it two days
later, and was deemed to be missing.
Pearson asked the cleaners for the full price of the suit: more
than $1,000.
But a week later, the Chungs said the pants had been found and
refused to pay. That's when Pearson decided to sue.
Manning said the cleaners made three settlement offers to Pearson.
First they offered $3,000, then $4,600, then $12,000. But Pearson
wasn't satisfied and expanded his calculations beyond one pair of
pants.
Because Pearson no longer wanted to use his neighborhood dry
cleaner, part of his lawsuit calls for $15,000 the price to rent
a car every weekend for 10 years to go to another business.
"He's somehow purporting that he has a constitutional right to a
dry cleaner within four blocks of his apartment," Manning
said.
But the bulk of the $65 million comes from Pearson's strict
interpretation of D.C.'s consumer protection law, which fines
violators $1,500 per violation, per day. According to court papers,
Pearson added up 12 violations over 1,200 days, and then multiplied
that by three defendants.
Much of Pearson's case rests on two signs that Custom Cleaners once
had on its walls: "Satisfaction Guaranteed" and "Same Day
Service."
Based on Pearson's dissatisfaction and the delay in getting back
the pants, he claims the signs amount to fraud.
Pearson has appointed himself to represent all customers affected
by such signs, though D.C. Superior Court Judge Neal Kravitz, who
will hear the June 11 trial, has said that this is a case about one
plaintiff, and one pair of pants.
Sherman Joyce, president of the American Tort Association, has
written a letter to the group of men who will decide this week
whether to renew Pearson's 10-year appointment. Joyce is asking
them to reconsider.
Chief Administrative Judge Tyrone Butler had no comment regarding
Pearson's reappointment.
The association, which tries to police the kind of abusive lawsuits
that hurt small businesses, also has offered to buy Pearson the
suit of his choice.
And former National Labors Relations Board chief administrative law
judge Melvin Welles wrote to The Washington Post to urge "any bar
to which Mr. Pearson belongs to immediately disbar him and the
District to remove him from his position as an administrative law
judge."
"There has been a significant groundswell of support for the
Chungs," said Manning, adding that plans for a defense fund Web
site are in the works.
To the Chungs and their attorney, one of the most frustrating
aspects of the case is their claim that Pearson's gray pants were
found a week after Pearson dropped them off in 2005. They've been
hanging in Manning's office for more than a year.
Pearson claims in court documents that his pants had blue and red
pinstripes.
"They match his inseam measurements. The ticket on the pants match
his receipt," Manning said.
