Doe v Big MacGrinch, Inc. Holiday Pie Case

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Claus, Christmas & Night, LLP

Sleigh Center, Suite 500

Nowhereville, OH 451AA

Clermont County Court of Christmas Claims

Nowhereville, Ohio

 

 

Bethany J. Doe

Plaintiff,

v.

 

Big MacGrinch, Inc.

 

Defendant.

Case No.: CDV – 125864

 

COMPLAINT FOR COMPENSATORY DAMAGES and PUNITIVE DAMAGES

 

False Advertising

Emotional Distress and Suffering

 

 

JURY TRIAL DEMANDED

 

Judge: Hon. Suzy Homemaker

Date Action filed: December, 10, 2015

Date set for trial: December 14, 2015

 

Plaintiff complains of Defendants and for causes of action alleges:

I.                   PARTIES AND JURISDICTION

  1. Plaintiff Bethany J. Doe (hereinafter Plaintiff) was a resident of Nowhereville in the state of Ohio..
  2. Defendant is fast food enterprise doing business as Yellow Curves Fun Place (hereinafter “Yellow Curves”). Yellow Curves, is a Delaware corporation with its principal place of business in Oakbrook, Illinois with subsidiary in Nowhereville, Ohio (Store # 9471) Subsidiary in Nowhereville, Ohio, promotes a “Holiday Pie” as being readily available at both its drive-thru and walk-up sales venues.


FACTS COMMON TO ALL CAUSES OF ACTION

 

  1. Yellow Curves advertises nationally the product known as the “Holiday Pie” and, in keeping with its long-established image as a “Fun Place,” its advertising shows the “fun” of buying and eating a “Holiday Pie”. This “Holiday Pie” is an annual offering of the Yellow Curves and has a loyal following among consumers in the United States, thanks to aggressive advertising on the part of the Yellow Curves.
  2. Plantiff Bethany J. Doe (hereinafter Plantiff) arrived at the drive-thru of Yellow Curves on December 3, 2015 at the start of the “Holiday Pie” advertising campaign launched on television, radio, “Youtube,” and most social media outlets that same day. Plantiff ordered 4 holiday pies, paid her money at the first window, pulled forward to window two with happy anticipation of receiving her first “Holiday Pie” of the 2015 Christmas Season. At the second window (aka the product delivery window) Plaintiff, who had already paid, was told the Yellow Curves subsidiary in Nowhereville, Ohio, had only one pie in stock. Plaintiff was forced by Yellow Curves window staff to “pull into [parking] spot one” and wait for her refund.
  3. Plaintiff received the same response on all subsequent attempts to order multiple “Holiday Pies” at Yellow Curves, Nowhereville, Ohio.

III. FIRST CAUSE OF ACTION:

False Advertising

(Alleged against Defendant)

  1. Plaintiff incorporates by reference all paragraphs above as though fully set forth herein.
  2. Defendant promotes thru multiple types and streams of national advertising its “Holiday Pie” as a “Seasonal Delight.”
  3. Defendant promises the availability of its “Holiday Pie” throughout the “Christmas Season,” which is defined in the legal terms and conditions of said advertising as December 3, 2015 thru January 30, 2016.
  4. Defendant asserts that its “Holiday Pie” adds to the joy experience during the Christmas Season.
  5. Yellow Curves, Nowhereville, Ohio, aggressively markets the “Holiday Pie” thru signage, thru point-of-service prompts by staff and thru various social media outlets to subscribing local customers.
  1. SECOND CAUSE OF ACTION:

Emotional Distress and Suffering

(Alleged against Defendant)

  1. Plaintiff incorporates by reference all above paragraphs as though fully set forth herein.
  2. Yellow Curves thru its Nowhereville, Ohio, subsidiary, built up the Plaintiff’s hopes of increased joy thru its misleading advertising promising availability of the “Holiday Pie”.
  3. Yellow Curves had a duty to warn customers of “Holiday Pie” being unavailable before taking orders at either its drive-thru or walk-up points of service.
  4. Yellow Curves had a duty not to destroy the “Fun Place” experience for Plaintiff by repeatedly sending her to [parking] “spot one.”
  5. PRAYER FOR RELIEF:

WHEREFORE, Plaintiff prays judgment against DEFENDANTS as follows:

  1. For compensatory damages, according to proof;
  2. For punitive damages, as to each of the Defendants, in an amount determined to be appropriate by the court;
  3. For exemplary damages as to each of the Defendants, in an amount determined to be appropriate by the court;
  4. For reasonable statutory attorney’s fees according to proof;
  5. For costs of suit; and
  6. For such other and further relief as the court may deem proper.
  7. For immediate delivery of six (6) “Holiday Pies”

 DATED: December 10, 2015

                                                                                    Claus, Christmas & Night, LLP

Samantha N. Twinkle

Christopher C. Cringle III

  1. Claus Night

                                                                       Attorneys for Plaintiff

Seymour W.E. Skrewem

Sabrina Shyster

Attorney for Defendant

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