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honorh ([info]honorh) wrote in [info]unfunnybusiness,
@ 2011-08-30 11:22:00


Previous Entry  Add to memories!  Tell a Friend!  Next Entry
Entry tags:be a parent not a friend, run don't walk away from these people, what is this i don't even

In a way, this is funny.
In another way, it's just pathetic, and doubly so because the "children" in question's father is the lawyer who brought the suit against his ex-wife:

Adult children's 'bad mothering' lawsuit dismissed

Chicago • Raised in a $1.5 million Barrington Hills, Ill., home by their attorney father, two grown children have spent the last two years pursuing a unique lawsuit against their mom for "bad mothering" that alleges damages caused when she failed to buy toys for one and sent another a birthday card he didn’t like.

The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

Last week, at which point the court record stood about a foot tall, an Illinois appeals court dismissed the case, finding that none of the mother’s conduct was "extreme or outrageous." To rule in favor of her children, the court found, "could potentially open the floodgates to subject family childrearing to ... excessive judicial scrutiny and interference."

In 2009, the children, represented by three attorneys including their father, Steven A. Miner, sued their mother, Kimberly Garrity. Steven II, now 23, and his sister Kathryn, now 20, sought more than $50,000 for "emotional distress."

Miner and Garrity were married for a decade before she filed for divorce in 1995, records show.

Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages.

On the front of the American Greetings card is a picture of tomatoes spread across a table that are indistinguishable except for one in the middle with craft-store googly eyes attached.

"Son I got you this Birthday card because it’s just like you ... different from all the rest!" the card reads. On the inside Garrity wrote "Have a great day! Love & Hugs, Mom xoxoxo."

In court papers, Garrity’s attorney Shelley Smith says the "litany of childish complaints and ingratitude" in the lawsuit is nothing more than an attempt by Garrity’s ex-husband to "seek the ultimate revenge" of having her children accuse her of "being an inadequate mother."

"It would be laughable that these children of privilege would sue their mother for emotional distress, if the consequences were not so deadly serious for (Garrity)," Smith wrote. "There is no insurance for this claim, so (Garrity) must pay her legal fees, while (the children) have their father for free."

Messages left for Smith were not returned. Steven A. Miner, reached by phone, did not comment. In court papers he said he only filed the lawsuit after much legal research and had tried to dissuade his children from bringing the case.

The Cook County judge who ruled on the case, Kathy Flanagan, declined to assess sanctions against Miner, but said the lawsuit amounted to nothing more than children "suing their mother for bad mothering."

DePaul University law professor Bruce Ottley, who co-wrote a textbook on Illinois tort law, says courts have long carved out an exception to family members suing each other, barring any extreme conduct.

"If junior slips on the rug in the living room and sues mom or dad, that can’t happen," Ottley said.

He said such emotional distress damages are a way for the legal system to address situations — sexual harassment for instance — where there is no physical harm. But those bringing a case to court must prove the conduct was outrageous.

"The fact that it is such a high standard, it doesn’t succeed very often," Ottley said.

***

My heart just bleeds for these entitled asses. Doesn't yours? I think I'll go sue my mom for making me clean my room.



(Post a new comment)


[info]viralmemory
2011-08-30 08:06 pm UTC (link)
I would love to see what that California (I think?) judge would write about something like this. The smackdown would be epic.

(Reply to this)(Thread)


[info]tez
2011-08-30 09:21 pm UTC (link)
The Prop. 8 judge? Oh god yes, that would be BEAUTIFUL.

Although the judge calling them on their privilege right in the middle of that was rather nice.

(Reply to this)(Parent)


[info]magnolia_mama
2011-08-31 10:21 am UTC (link)
Or this judge.

(Reply to this)(Parent)


[info]queencallipygos
2011-08-30 08:17 pm UTC (link)
in his lawsuit sought damages because the card was "inappropriate" [...] On the front of the card is a picture of tomatoes spread across a table that are indistinguishable except for one in the middle with craft-store googly eyes attached.

Those googly-eye things are a little creepy sometimes, I'll give him that...

{/sarcasm}

(Reply to this)(Thread)


[info]viralmemory
2011-08-30 08:22 pm UTC (link)
Do (not) run a google image search for googly eyes, you will see things you cannot unsee...

(Reply to this)(Parent)(Thread)

(no subject) - [info]rosehiptea, 2011-08-31 02:52 am UTC

[info]rosehiptea
2011-08-31 02:52 am UTC (link)
When they said an "inappropriate" card my mind went to... well, things you wouldn't want to get from your mom. I'm totally unable to figure out what's inappropriate about that card.

I'm not all that into greeting cards but it sounds like someone my kid would buy for me and I would say "Awww..."

(Reply to this)(Parent)(Thread)

(no subject) - [info]ghostmaster, 2011-09-01 02:50 am UTC
(no subject) - [info]rosehiptea, 2011-09-01 10:01 am UTC

[info]lil_miss_stfu
2011-08-30 08:17 pm UTC (link)
As much as I try not to advocate violence, these two brats and their douchebag father are all in dire need of a belt in the head.

(Reply to this)(Thread)

(no subject) - [info]honorh, 2011-08-30 09:51 pm UTC
(no subject) - [info]come_love_sleep, 2011-08-30 10:03 pm UTC

[info]rganymede
2011-08-30 08:31 pm UTC (link)
The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

My first thought here is that the mom could have done the exact opposite of all of this, and her kids would totally still being suing her for 'bad mothering'. Y'know, for letting her daughter stay out all night without checking on her and letting her seven-year-old son ride around without a seatbelt.

Come to think of it, they'd actually have a stronger case in that alternate universe.


Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages.

Because cash is the only way to say you care! Heartfelt birthday wishes are worthless! (I have to wonder if the father kept that card as 'evidence' all these years, or if the son originally held onto it because it was meaningful for him, at least initially. I'm not sure which would be worse.)

Also, I don't think anyone I knew in college received 'care packages' from their parents. Ever.

(Reply to this)(Thread)

(no subject) - [info]cat_mcdougall, 2011-08-30 09:05 pm UTC
(no subject) - [info]rganymede, 2011-08-31 01:35 am UTC
(no subject) - [info]tez, 2011-08-30 09:08 pm UTC
(no subject) - [info]rganymede, 2011-08-31 01:39 am UTC
(no subject) - [info]tez, 2011-08-31 03:42 am UTC
(no subject) - [info]honorh, 2011-08-30 09:48 pm UTC
(no subject) - [info]rganymede, 2011-08-31 01:44 am UTC
(no subject) - [info]honorh, 2011-08-31 03:35 am UTC
(no subject) - [info]the__ivorytower, 2011-08-31 12:25 am UTC
(no subject) - [info]rganymede, 2011-08-31 01:50 am UTC
(no subject) - [info]the__ivorytower, 2011-08-31 02:31 am UTC
(no subject) - [info]bemysty, 2011-08-31 05:16 am UTC
(no subject) - [info]argylespy, 2011-08-31 03:44 pm UTC
(no subject) - [info]spawn_of_kong, 2011-09-01 05:10 pm UTC
(no subject) - [info]tinmiss, 2011-09-04 01:02 am UTC
(no subject) - [info]sparkysrevenge, 2011-09-08 08:34 am UTC

[info]xgreenteax
2011-08-30 09:05 pm UTC (link)
damages caused when she failed to buy toys for one and sent another a birthday card he didn’t like.

I can't...

(Reply to this)(Thread)

(no subject) - [info]quantumreality, 2011-08-31 01:47 am UTC
(no subject) - [info]waitwut, 2011-08-31 07:36 pm UTC

[info]nifflet
2011-08-30 09:08 pm UTC (link)
Ugh, ugh, ugh! I remember reading about this in the paper. I want to drop those assholes and their douchelord father off at a battered women's shelter, just so they can see the consequences of REAL bad parenting (referring, of course, to the visceral reality of what abuse does to a family unit). Talk about needing some fucking perspective. I'd expect shit like this from the Onion.

(Reply to this)(Thread)

(no subject) - [info]honorh, 2011-08-30 09:50 pm UTC

[info]sandglass
2011-08-30 09:49 pm UTC (link)
I want to send that poor mother a hug. I can't imagine how much that must hurt.

(Reply to this)(Thread)

(no subject) - [info]honorh, 2011-08-30 09:50 pm UTC

[info]mir8lle
2011-08-30 10:09 pm UTC (link)
Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check.

This is...sort of glorious? In a bat shit sort of way.

(Reply to this)(Thread)

(no subject) - [info]honorh, 2011-08-30 10:29 pm UTC
(no subject) - [info]brennalarose, 2011-09-01 02:13 am UTC

[info]rosehiptea
2011-08-30 10:46 pm UTC (link)
This really hits me because I'm a non-custodial mom and I could totally get sued. For example I buy my daughter birthday presents but I don't get her cards at all.

This is if my daughter was an entitled whiner and my ex hated me, which fortunately is not the case.

(Reply to this)


[info]khym_chanur
2011-08-30 11:25 pm UTC (link)
The Cook County judge who ruled on the case, Kathy Flanagan, declined to assess sanctions against Miner,

What the hell would deserve sanctions, then?

(Reply to this)(Thread)

(no subject) - [info]uldihaa, 2011-08-31 01:11 am UTC

[info]sarahfrost
2011-08-30 11:30 pm UTC (link)
I feel sorry for the mother, and for the children--raised by a horrible father to turn out like that. What a saddening case. The mother's feelings on having her children turn on her like that must be heartbreaking.

(Reply to this)


[info]ahiru
2011-08-31 12:09 am UTC (link)
Among the exhibits filed in the case is a birthday card Garrity sent her son, who in his lawsuit sought damages because the card was "inappropriate" and failed to include cash or a check. He also alleged she failed to send a card for years or, while he was in college, care packages.

Oh, the horror and neglect! I imagine other grievances included "she made us eat our vegetables" and "she never bought me a pony."

(Reply to this)


[info]the__ivorytower
2011-08-31 12:27 am UTC (link)
As someone who has been (and knows other) an abused child, may I only say to those kids that they are lucky a slightly stupid birthday card was the worst they got.

One of my friends had a mother who burned her with cigarettes, stole money from her and whipped her with an electrical cord. I think she'd be happy with the tomato card.

(Reply to this)(Thread)

(no subject) - [info]zara_zero, 2011-09-01 07:49 am UTC

[info]franzen
2011-08-31 01:56 am UTC (link)
Does anyone else remember that Criminal Minds episode in which Rossi and Hotch have their own plot, evaluating a woman who shot her husband, claiming abuse? Both she and the children talked about what a terrible person she was -- the wife about how she couldn't keep the house clean, cook well, be out in public; the kids about how their father had to do everything because her mother couldn't even shop with a grocery list -- and she never came to their activities or school events! Yes? Bueller?

For some reason, this case reminds me of this. I wonder if these kids were entitled brats or if dad brainwashed them into hating mom. I mean, what normal 20 year old -- even one who hates his or her parents -- actually contemplates suing mom in court for damages? It's just too convenient that daddy's a lawyer and was working for free.

(Reply to this)(Thread)

(no subject) - [info]cat_mcdougall, 2011-08-31 02:10 am UTC
(no subject) - [info]franzen, 2011-08-31 02:35 am UTC
(no subject) - [info]arachnejericho, 2011-08-31 04:21 am UTC
(no subject) - [info]franzen, 2011-08-31 02:21 pm UTC
(no subject) - [info]littleshebear, 2011-08-31 03:31 pm UTC
(no subject) - [info]rganymede, 2011-08-31 07:41 pm UTC
(no subject) - [info]harrylovesron, 2011-08-31 04:43 am UTC
(no subject) - [info]mareen, 2011-08-31 11:20 am UTC
(no subject) - [info]franzen, 2011-08-31 02:25 pm UTC
(no subject) - [info]catmoran, 2011-08-31 07:42 pm UTC
(no subject) - [info]pingin_tango, 2011-08-31 02:35 am UTC
(no subject) - [info]yattara, 2011-08-31 12:52 pm UTC
(no subject) - [info]catmoran, 2011-08-31 07:37 pm UTC
(no subject) - [info]evilsqueakers, 2011-09-01 01:10 pm UTC

[info]chikane
2011-08-31 11:22 am UTC (link)
The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

Sounds like a good mother to me.

"There is no insurance for this claim, so (Garrity) must pay her legal fees, while (the children) have their father for free."


That's what it is about, isn't it? This way, he can demolish his ex - financially, emotionally - and apparently gets away with this without any harm falling on him.

I'd wish him to get a meeting with a hungry shark in the ocean, but I'd worry the shark would get stomach cramps from such a douchebag.

(Reply to this)(Thread)

(no subject) - [info]littleshebear, 2011-08-31 01:09 pm UTC
(no subject) - [info]franzen, 2011-08-31 02:15 pm UTC
(no subject) - [info]chikane, 2011-08-31 02:30 pm UTC
(no subject) - [info]shadwing, 2011-08-31 05:11 pm UTC
(no subject) - [info]evilsqueakers, 2011-09-01 01:18 pm UTC

[info]telegramsam
2011-08-31 12:51 pm UTC (link)
Oh dear, making your children wear a seatbelt in the car and buying them birthday cards! WHAT A TERRIBL MOTHER. *headdesk*

I hope those people wake up one day and realize what they've done to their poor mother. And their father is a fucking douchecanoe.

(Reply to this)(Thread)

(no subject) - [info]waltzingalong, 2011-09-01 01:56 am UTC

[info]pyrrah
2011-08-31 01:20 pm UTC (link)
I'm gonna go hug my mom now...

(Reply to this)(Thread)

(no subject) - [info]yoritomo_reiko, 2011-08-31 03:26 pm UTC
(no subject) - [info]pyrrah, 2011-09-11 03:35 pm UTC

[info]issendai
2011-08-31 02:18 pm UTC (link)
I'd like to know what else the list contained--whether the quoted complaints were unrelated trivia like the article suggests, or whether they were building up a pattern of, say, obviously preferring one child over another. It's probably unrelated trivia, but I've spent the last few weeks reading abusive parents' side of the story, and now I'm hypersensitive to pulling things out of context to make them sound ridiculous.

(Reply to this)(Thread)

(no subject) - [info]rosehiptea, 2011-08-31 02:31 pm UTC
(no subject) - [info]littleshebear, 2011-08-31 02:48 pm UTC
(no subject) - [info]rosehiptea, 2011-08-31 03:19 pm UTC
(no subject) - [info]littleshebear, 2011-08-31 03:26 pm UTC
(no subject) - [info]issendai, 2011-08-31 08:20 pm UTC
(no subject) - [info]littleshebear, 2011-08-31 08:54 pm UTC
(no subject) - [info]arachnejericho, 2011-08-31 09:34 pm UTC
(no subject) - [info]honorh, 2011-08-31 04:24 pm UTC
(no subject) - [info]telegramsam, 2011-08-31 04:42 pm UTC
(no subject) - [info]shadwing, 2011-08-31 05:16 pm UTC
(no subject) - [info]ruby_falls, 2011-08-31 09:07 pm UTC
Pulled from the court order (pt 1/2) - [info]ueuecoyotl, 2011-08-31 05:44 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]ueuecoyotl, 2011-08-31 05:48 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]ueuecoyotl, 2011-08-31 05:51 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]issendai, 2011-08-31 07:23 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]chikane, 2011-08-31 07:39 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]ecchaniz0r, 2011-09-02 04:05 am UTC
Re: Pulled from the court order (pt 2/3) - [info]chikane, 2011-09-02 06:25 am UTC
Re: Pulled from the court order (pt 2/3) - [info]herongale, 2011-08-31 08:12 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]issendai, 2011-08-31 08:38 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]shadwing, 2011-08-31 08:50 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]argylespy, 2011-09-01 12:23 am UTC
Re: Pulled from the court order (pt 2/3) - [info]lil_miss_stfu, 2011-08-31 11:20 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]telegramsam, 2011-09-01 12:34 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]shadwing, 2011-09-01 03:25 pm UTC
Re: Pulled from the court order (pt 2/3) - [info]frequentmouse, 2011-09-02 05:50 am UTC
Re: Pulled from the court order (pt 2/3) - [info]xturtle, 2011-09-01 04:16 pm UTC
(no subject) - [info]rganymede, 2011-08-31 05:48 pm UTC

[info]black_spot
2011-08-31 08:01 pm UTC (link)
It sounds like they took every single little hurt and expanded it. My parents weren't abusive, but they did do/say things that hurt without ever realising it. It wasn't anything major like life or death, so I got on with life. Parents make mistakes without knowing - it doesn't make them bad people.

I'm going to sue my Mum as the Tooth Fairy left me less money than my friends. I also have some really bad photos from when I was young. And because my Mum thought I was more capable, I had to do tons more housework.

All sides need to grow up and value what is important - like love, and I real mean real love not something you put a value on or what you can get out of the other person. Both parents sounds like they needed to be in the dock - scoring points is just so not adult.

I'm now worried about the Christmas Pudding birthday card I made my Mum when I was a kid as I thought she looked like one.

(Reply to this)


[info]esclaramonde
2011-09-01 02:01 am UTC (link)
My goodness, I wonder why they got divorced.

(Reply to this)


[info]abharding
2011-09-02 01:33 am UTC (link)
In a way, I do feel for these kids. I really do get the impression that this is really about a father using his kids to go after his ex-wife. So yeah, while they maybe entitled brats, it is mostly because that is how their father raised them.

And looking at some of the comments below, it looks like the mom is far from prefect and has issues of her own. But as the Appeals Court said, it is a matter of degree. The actions here to rise to the level of extreme emotional abuse or neglect.

(Reply to this)


 
   
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