Women sues country club after waiter spills wine on her Hermes

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#76
The new articles have the plaintiff’s attorney acknowledging this was an accident so I hope there’s no more ridiculous speculation about the waiter’s motives/intent.

If I were a member here I would cancel my membership. Unless the employee signed something agreeing to be held liable when hired, suing your employee for circumstances certainly foreseen in this environment (an accidental spill on expensive property @ an exclusive club should absolutely be foreseen by the CC) is just plain crap & I feel for the employee.
 
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#79
Mrs.Z said:
And the plot thickens again!

https://www.dailymail.co.uk/news/ar...stomers-Hermes-handbag-claims-purse-FAKE.html

This Club needs to STOP...they look so BAD!!!!
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Honestly, I wouldn’t be surprised if the bag is fake after reading all this. If there was a receipt, I assume it would have been submitted as part of the investigation.

Hermes could have reprinted the receipt, or they could have at least shown their credit card statement (I assume they didn’t pay cash for this bag).

This does explain why there is no mention of the bag’s owner sending the bag to Hermes for repair, which would have likely been the first course of action for many. Hermes would destroy fake items if sent to them.
 
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#81
AnnaE said:
Honestly, I wouldn’t be surprised if the bag is fake after reading all this. If there was a receipt, I assume it would have been submitted as part of the investigation.

Hermes could have reprinted the receipt, or they could have at least shown their credit card statement (I assume they didn’t pay cash for this bag).

This does explain why there is no mention of the bag’s owner sending the bag to Hermes for repair, which would have likely been the first course of action for many. Hermes would destroy fake items if sent to them.
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All good points, nothing about this story has made much sense.
 
#82
I wondered if the bag was fake at first, but then thought that since this is going to court, wouldn't that be the first thing the defense would want to test? They'd be totally stupid not to verify. And the plaintiff should expect the defense to verify.
 
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#83
AnnaE said:
Honestly, I wouldn’t be surprised if the bag is fake after reading all this. If there was a receipt, I assume it would have been submitted as part of the investigation.

Hermes could have reprinted the receipt, or they could have at least shown their credit card statement (I assume they didn’t pay cash for this bag).

This does explain why there is no mention of the bag’s owner sending the bag to Hermes for repair, which would have likely been the first course of action for many. Hermes would destroy fake items if sent to them.
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Yes I’ve been suspect about this from the beginning. The husband’s bank could also provide him with a copy of his cancelled check or if he paid by credit card, the transaction would be available on statement. Usually one would first send to spa or leather expert to get repaired and then use that cost and or appraisal if couldn’t be fixed, as part of their claim. If it were a fake, and I have no idea if it was or wasn’t, they almost pulled off the perfect crime.
 
#84
No way her lawyers would let her send the bag to Hermes unless there was a settlement. First, spa isn’t free and you’d want to get the other side to agree to pay for it. Secondly, as soon as you sent it, they would be off the hook potentially because there would be an “intervening act”. Not to mention they need it as evidence in its glorious wine soaked state.

If you are in on a lawsuit then you are all in.
 
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#85
A1aGypsy said:
No way her lawyers would let her send the bag to Hermes unless there was a settlement. First, spa isn’t free and you’d want to get the other side to agree to pay for it. Secondly, as soon as you sent it, they would be off the hook potentially because there would be an “intervening act”. Not to mention they need it as evidence in its glorious wine soaked state.

If you are in on a lawsuit then you are all in.
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Exactly. That's like having your car repaired after an accident and expecting the insurance company to reimburse you, when they never got to see the damages. They need to see the damages before anyone touches it. The insurance company would probably hire an expert to determine damages and replacement cost. And authenticity.
So looks like the Insurance Co did examine it, or had an expert examine it, and it was determined that the bag was not authentic.
Is the issue liability or is the issue that the bag was not authentic and worth 30,000.00?
If the issue is disagreement over the worth for this authentic(?) Hermes then file suit against the insurance company. However it is possible that this club has a huge deductible. If they do, then file suit against the club.
If it is indeed not an authentic Hermes, the club has nothing to worry about, so why drag the waiter into it?
This whole thing makes no sense.
 
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#86
I agree with Oliver there’s no winners here just 3 losers. I feel bad for the employee who is getting sued by their employer. It’s a d!ck move from the club to sue that will severely affect their life financially. I don’t really hold a lot of stock in news from DM because they’re pretty much trash. If the bag was possibly counterfeit I feel like it would have been addressed in the first lawsuit and there’s no mention of it that we know of. The reason we’ve been given as to why the club’s insurance denied the claim other than they don’t believe the cost of the item. The woman comes off poorly going to the media with her case looking for sympathy. The woman’s lawyer acknowledged that it was a mistake. I also don’t understand why someone who spends that much money on handbags doesn’t insure themselves. I feel like the longer this goes on the crazier the story gets.
 
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#87
I wonder if the club even notified the insurance company when it first happened. Maybe they tried to handle it themselves, told her to have it repaired and send them the bill. And she did... That is grounds for denying a claim.
 
#88
So much of this could be skewed by the DM. I didn’t see anything that suggested she went to the press, did I miss that? A lot of local beat reporters will get court clerks to notify them when interesting or juicy claims are filed. This may have gotten out in that manner.

Also, it might be that the CC had to sue their employee to engage their insurance coverage. The Plaintiff referred to him as “John Doe”. So, it might be that the indemnification agreement required the employee to be personally brought into the case or it was beneficial to bring him in for deposition purposes. It might also be a d*ck move but it doesn’t make sense to bring someone in who may not have very deep pockets...
 
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