Question

  09/09/13, 8:08 pm
I know I'm being overly sensitive... but seriously I am so upset... I'm finally calming down but for a bit I was having trouble with my hands... I was shaking and felt like my sugar might be low... It wasn't... but wow I felt bad! This afternoon I laid down for a nap and Richard went to work... He came home between 3 to 4pm... he had felt a seizure coming so he left work and came on home... he has had these for years and knows if he can just lie down for a couple of hours he will be okay, so he came home and laid down. When he got to the house there was a plant that had been delivered to our house, but it was supposed to have been delivered next door... When I woke up he told me about the plant and I put on shoes to go bring it to my next door neighbor. I noticed on the pot that her phone number was on the envelope as well as the name of the florist and their phone number... I wondered why the delivery person had not called that number when trying to deliver this plant... Its a wee bit aggravating... UPS has delivered quite a few packages here that were meant for their home... obviously GPS must be off... but in this case... with the phone number right there its more aggravating... so I called the florist... I told the lady who answered my name and what the problem was. I started to ask why the delivery person had not called the number that was right there on the envelope... The lady cut me off and said in an ugly tone... do you think that maybe he just made a mistake... Yes I think he made a mistake... that's what I called about... but... I think the mistake was avoidable if he'd called the number on the envelope... The lady's tone of voice had put my back up so I didn't bother to explain all that and just told the lady she was right and they needed to come pick the plant up and deliver it to the right address as it wasn't my job... Yes I know that was not nice... she wasn't nice... anyway... feeling just frustrated.... knowing my neighbor is like always home... after a few minutes I called... got the number off the envelope... and she answered... first thing I asked her was had she been home all day... told her to forgive my nosiness but I was wondering... yes she had... so then I told her a plant had been delivered for her... so forth so on... we met midway and talked a bit... I told her she might want to call the florist and let them know she had the plant... went in my house... just a couple of minutes later the florist van pulls up... I go out to tell the plant has been delivered... Angry red faced man belligerently asks me when I open the door where the plant is... I told him I had gone ahead and called my neighbor and I'd gotten the plant to her... He started cussing... why in the had I told them to come deliver it then... no chance to answer... telling me I'm a b etc.... I told him he had no business to talk to me that way... he calls me fng idiot... I told him I was calling the police... he told me to call whoever I fng wanted to... tells me fy a couple of times including mouthing it at me as he's backing out the driveway... I was and I am furious... I was in my own home not looking for any trouble... then this company or their employees... decide they have the right to be ugly and uglier... I did call the police... seems like they've broken no laws... I'm going to keep investigating... Any legal action I can take I will... This is not okay... The cop, deputy bond... told me I invited the man here... so he had a right to be here... I didn't complain because he was here... I complained because I feel like a verbal assault is an assault... Is there any legal action I can take against Florist Pot/employee
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United States   |   Louisiana  |  Injury Law
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Answer

Donald Hyatt Says:

Sep 10,2013 1:10 PM

The short answer is almost certainly not, and the real reason is the very first thing you wrote . . . that you were being overly sensitive. Given that the police took a pass on any criminal charges, the civil arena is not of much help to you. the sort of conduct you described is extremely rude and offensive, but it is not the sort of conduct that is so beyond the bounds of civilzed behavior that it will support a claim for intentional infliction of emotional distress. Additionally, with regard to any negligence claims, there is an issue of whether a duty is owed to you and the scope of the duty owed. In sum, any civil action filed would not be worth the time and money to file it, and it might be viewed as frivolous. You may be able to get some satisfaction by complaining to the BBB and/or posting appropriate and accurate comments on one or more websites on which the business is rated. Otherwise, the entire episode is simply a testament to the lack of civility present in modern society. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.


Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/

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