Mom rejects donated iPod, proceeding with lawsuit
By Cyrus Farivar 
posted Aug 31st 2006 5:27PM
posted Aug 31st 2006 5:27PM
Remember that 14-year-old girl who is suing her friend over a missing iPod? An anonymous kind soul took it upon herself to buy Shannon Derrik a new iPod Nano, a pink case and a $50 iTunes gift card -- but Melanie McCarthy, Derrik's mother, who filed the lawsuit on her daughter's behalf, is refusing the gift and is going ahead with the case. A package was dropped off for Shannon Derrik, the victim of this terrible, terrible situation, at the offices of The Naperville Sun, a suburban Chicago newspaper that has been closely following the case. The newspaper also reported that both Derrik, and Stephanie Eick, the girl who was entrusted with Derrik's iPod, were invited to appear on the Judge Mathis show, which is taped in Chicago. The respective families had initially accepted the offer, but then McCarthy came to her senses and realized that she'd be ridiculed publicly for putting her daughter through such absurdity. [Thanks, Ricardo G.]
Ugg, I cant believe some people!
i'll have it... sans case ¬_¬
I'm going to have a seizure soon if I don't stop laughing.
Even if they don't go on Judge Mathis, they'll still be ridiculed by the entire internet.
wow...how could you be so snotty...its the kids fault even though her friend lost it. If she loves her ipoop so much she should'nt of let her friend borrow it! I just cant believe some people...
also, wow just wow...
As an attorney (a trial attorney at that), I'm disgusted by that kind of behavior. This is not why we have courts. I must say, I'm a fan of "extra-judicial" remedies. I believe, after reading this, that the McCarthy/Derrik family should be shunned. Good ole fashioned ostracism.
When Miss Derrik is at school, the other students should refuse to speak/play with her. Ms. McCarthy's co-workers and friends should take a similar tack. Why should the child be subjected to the treatment? Because hopefully, after seeing what her overly-litigious behavior has done to her daughter, Ms. McCarthy will come to her senses (read: realize what a terrible person she is for putting her daughter through this crap over a gizmo).
This is a frivolous lawsuit, plain and simple, and any attorney prosecuting it encrappens the profession.
Right on! Shunning:A Part of the Faith of Jehovahs Witnesses (Watchtower 4/15/88, p. 29)
Along those lines I think Melanie McCarthy needs a good old fashioned spanking to teach her a lesson about manners. Boy I would like to bend her over my knee and give her a right good thrashing. All of you are invited to witness the joy and power of ... teaching.
Can the donor of the iPod sue the bastards for pain and suffering inflicted upon him by their not accepting his gift?? What a freakshow.
If the girl's friend stole the iPod, then the mother should sue in order to teach her a lesson.
But in this case it was a simple mistake where the friend misplaced and lost the iPod. The mother should drop the lawsuit and the friend should pay for lost iPod.
Even if Shannon accepts the generous iPod donation, the friend should still pay, because it was her fault.
I really don't get how some people's thought process works. These people are a shame of America.
this makes me want to punch a baby
at LLShibata, I'm pretty sure that the donation of the iPod was to entice the McCarthy/Derrik family to get over it and drop the lawsuit, not sure they deserve the cash for another iPod from the friend in addition to this.
Encrappen?? Hmmm! Good word! I like it!
I agree, she's a totall bitch to deny hospitality.
This lawsuit is actually only a 3 on the "stupid lawsuits" scale, I'd say. I find it very bitchy, but far more legitimate than lawsuits against Mcdonalds, which are solid 10's...
Obviously if they are filing a law suit over a $300 ipod, against a friend on top of that, they are not going to be accepting some gift.
People are just terrible, but it's the judges fault that lets this all happen
Under these circumstances the little girl should be legally allowed to be beaten. That is all I'm going to say. And you all know I am right.
This is a frivolous lawsuit, plain and simple, and any attorney prosecuting it encrappens the profession.
A real attorney wouldn't say that!
@ LLShibata. Regardless of how this is phrased I doubt that the parents went straight to suing the other family. I imagine they asked the other girls family to pay, and they refused, saying it wasn't their daughters fault it was lost (which I don't believe, and yes it was her fault).
And the reason for rejecting the gift is because it's not the same as the one she had before. If you had a top of the range Jaguar and it was wrecked by someone, so you sued them and someone donated a cheap, middle rung Jag, would you drop the case? No you wouldn't. By rejecting it they didn't throw it back in the other persons face. They probably appreciate the gesture but the point is that the other person lost a $450 or whatever iPod, and an iPod Nano isn't the same thing. Why should the other person get off with having 'lost' (or stolen as it fairly obviously is. I'm 16, I still know how 14 year olds think) the other persons iPod and not having to give it back/compensate her for it? If I lent someone my mobile phone (or cellphone, whatever you call it) and they lost it/it got stolen whilst they had it, I personally would expect them to pay for it. Were the roles reversed I'd feel responsable and feel that I had to pay back the other person.
I know that suing seems a little over the top, but if the other family refuses to pay and the iPod can't be recovered, then aside for claiming it under the house insurance what other option is there?
It looks like they tried to settle this post suit and all the original owner wants is what was not returned.
It seems the original article points that
"Mrs. Eick states a refurbished iPod can be purchased for $45," McCarthy said in a letter to the Naperville Sun. "Shannon's iPod was only two weeks old and had a new pink leather carrying case and $50 worth of iTunes."
Which may have led to filing. It seems the mother of the child feels that she can discount the amount that was paid for her new walkman/ipod.
I would have refused the gift as well because what exactly are you teaching your child?
If you loose something that isnt yours dont worry about it because you can replace it with a used one or better yet hold out and wait for someone else to bail you out.
We are lacking acountablity and the childs mother should have step'd up and replaced the missing ipod on day 1 then did some parenting with the child and taught them the value of the dollar as well as respect of others property.
Obviously Dispraiser has only heard the facts about the McDonald's coffee case from Jay Leno's monologue. It might not hurt to read up on the case before making uninformed statements about the legitimacy of
that case. Here is some good reading to start you off.
http://www.lectlaw.com/files/cur78.htm
I'm not saying the lawsuit has merrit but if you truly believe someone is legally responsible for some damage why would you want someone else paying for it?
I'm surprised how few people believe in doing anything on principal. I may not entirely agree with the lawsuit but I have to respect the mother for standing on her principals.
Please someone make her live in North Korea.
And yes, it should be done for my own sick amusement.
That woman is a freak.
Thanks for the info bob, guess I wasn't too clear... I meant the people that were suing mcdonalds because they were overweight. FYI, I'd give the lap coffee spilling a 2, and I'm a conan guy (Lenno, ugh)...
The mother that files suit on her daughters behalf. Bitch, yes, but she is also teaching her daughter (and several children around the country) terrible things. When class bully Tommy steals your lunch money, when someone steals your box of crayons, when someone cuts in line at the water fountain, DO NOT tell the teacher. DO NOT talk to the school counselor. Sue Tommy's sorry ass for all it's worth! You went hungry that day, that's emotional trauma that may lead to relationship problems 20 years down the road!
She's also telling parents to stock their childrens backpacks with lawsuit-inviting goodies. Expensive cell phones, PMPs, whatever! And the more the merrier, cause if something gets stolen, you're in the money!
(I'm sure that Shannon was in flagrant violation of school policy by bringing an iPod to school, by the way. She would have had it taken away by the teacher, so who cares if it was lost or stolen?)
God Bless America.
Cause we need it...
Dispraiser,
Forgot about those. I agree 100% on those and being a Conan guy.
gahahahahahahahahahahahah
I live like 20 mins from Wheaton and it is NO SUPRISE that something like this would happen.
That whole area is full of some of the most stuck up, rich, a**hole kids on the planet.
They make the OC kids look like a group of selfless missionary children.
It is an iPod you know....it's almost like taking a banana from a monkey...just wrong! But this mom needs to wise up, take the free iPod you doof!
I hope pending the result of the lawsuit that people in the area donate to the poor girl being sued to help cover the costs of the lawsuit. I love hearing when a community helps people in situations like this girl is in.
How did they find a lawyer to take this lawsuit? I guess one that is taking a fee from plaintiff upfront. I know it is usually the case in tort actions.
Good, maybe see will get a better device, like and iRiver, iClix, or Zune.
This pathetic BITCH is what is destroying our country and feeding these filthy lawyers that clog or judicial system with this BULLSH*T. Take a look around you lady, there's more serious sh*t going on and you should feel grateful that anyone even had a kind enough heart to assist you and your daughter. Up yours, go die. The world doesn't need scum like you sucking up our oxygen.
No Way! Bottom-feeding hicks publicaly embarrassing themselves on daytime T.V.?
Shocking.
This is the real front page of the Naperville Sun:
http://flickr.com/photos/io_burn/222421149/
This kind of thing belongs in small claims court, and if that's where it is--I can't be bothered to read up on something so insignificant!--then all power to that mother for standing up for her family's rights. If she's wasting a real court's time, though, I hope she rots!
Of course.
Why simply accept an iPod when you can get A WHOLE LOAD OF CASH from a lawsuit?
(It's "The American Way!")
Just to be a bitch to the sixth poster about being an attorney...
The difference between an attorney and lawyer is that attorney requires a relationship (you are [enter name here]'s attorney) whereas a lawyer is someone who practices law (in general). You are a lawyer, and maybe you're Bob's attorney.
I don't understand why not to go on Judge Mathis both parties can settle this without a loss of money. The story is already in the media anyway. Stupid people.
*blink* you have GOT to be kidding me...that girl should be taken out of the school districts now, and THAT should be added to the amount she's sueing for cause no way in hell will her friends forgiver her for THAT one...and as for the mother...>< there is something seriously wrong with any mother hwo is encouraging their child to use the courts as a source of money, it's one thing if you are a lawyer, but otherwise it's not supposed to make you money you don't deserve. as for the gift ipod, first off whoever donated was being overly generous, and secondly, for not taking it the mother just proves she has a pole up her a** and just likes the publicity
society today has some serious problems, 14 year olds getting their ipods taken is NOT one of them...clearly the judicial system is doing us all a lot of good
Stephanie is my niece and my brother, Stephen Eick, has already tried twice to settle this dispute. He does not feel that disputes between 14-year olds belong in court. He has posted some entries on my blog:
http://blog.andyeick.com/2006/08/31/Almost+Settled+The+IPod+Dispute+On+Judge+Mathis+TV+Show.aspx
http://blog.andyeick.com/2006/08/31/No+Music+For+Shannon+Ms+McCarthy+Turns+Down+IPod+And+ITunes+Gift+Certificate.aspx
I don't understand why she is sueing for $50 in "iTunes". If the daughter bought the music off iTunes, it's still sitting on her computer and can be transfered to another iPod, she didn't loose the music at all.
the eicks need to pay up and own up to the responsibility of losing the ipod. i for one agree with the lawsuit. from the newspaper article, it sounds like the eick's aren't willing to repay for the ipod, and that's why they needed to take this to court.
andy, $100 is NOT the cost of the ipod. the principle here, and the goal, is for stephanie to take responsiblity for her actions, not for someone else (the good samaritan) to pay for her.
it's the responsibility of the eicks to pay for the ipod, not the kind stranger that sent the gift. the eicks need to own up to it, that's the principle.
americans have been taught to dodge any responsibility whenever we can. we need to teach our kids otherwise.
Obviously she has a personal agenda going on.
Just give it to the OTHER girl with the stipulation that she use it to make things right with the "victim." They have no excuse to sue if the other party replaces the iPod.
"If I lent someone my mobile phone (or cellphone, whatever you call it) and they lost it/it got stolen whilst they had it, I personally would expect them to pay for it. Were the roles reversed I'd feel responsable and feel that I had to pay back the other person."
Why would you let someone borrow your phone in the first place? If her iPod meannt so much to her that they feel the need to sue to compensate for it being lost she shouldn't have lent it out in the first place.
I have to agree, encrappen is a great word.
Aside from that, I think an important life lessons is that your actions (and accidents) do have repercussions.
I've known a few people who ended up in either boot camp or jail that could've used that lesson a lot sooner. This should be a positive experience for the kid that lost the iPod.
wow what is wrong with some people. either its just her and 5million other people or its just america gone bored now people are sewing for some stupidest stuff anyone can think of plz people lets concertrate on the important things like terrorist email me with ur comments rafig770@gmail.com
Gasp! Conspiracy theory!
This is all an elaborate ruse to get the rest of the world thinking "iPod" when they sit down to breakfast, so when Apple releases their September 12th Suprise, everyone will be listening!
"iPod Girl awarded new iPod Macro! It's smaller than the Mini, but cooler than the Nano! Sold out this Christmas, get your teen one now!"
If so, someone bail the Steves a bomb
if you actually read the article the real twat is Stephanie Eick's father. He has taken no responsibility for his daughters actions (as I would and I am sure the vast majority of people with a backbone would).
Also, its in the small claims court so they wont be making a wad of money out of this, generally its just damages
Well personally I think the Eicks should just buy a frickin' nano and deal with it. Also they should probably point out to the Derriks that the songs are still on their computer and can be put onto their new ipod, so they're not getting any $50 certificate.
Seriously, something that can be resolved with anything between $154 (1GB nano with cheapo case) to $280 (4GB nano with a good case) should never make it to court lol.
Frivolous lawsuit.
But I disagree with embee that the daughter should be shunned at school. A child shouldn't be held accountable for the absurdity and malicious actions of the parent(s).
The mom brings a whole new meaning to uberbitch.
Just be thankful we are not in iraq, the poor girl who misplaced the ipod would probably be getting hanged for this.
Can I get that iPod? A theater employee stole my friend's sister's iPod which she bought like 2 weeks ago, and it looks like theres nothing we can do about it since there were no witnesses (even though there were no witnesses because the employee HID). Some people have no shame... If you're in Manhattan stay away from this theater:
AMC Loews E-Walk 13
247 W. 42nd St.
New York, NY 10036
I won't go so far as to name the employee, I'm just puting out a warning.
Ok firstly, what have you got against the little girl?
People suggesting she should be beaten and such.
It's the mother who refused the gift.
It's the mother who started the lawsuit.
If anything, beat the mother.
And you can hardly sue for the music on the iPod, as that is backed up on the computer.
How much is a random stream of 1's and 0's worth anyway?
Somebody please give smack her for me :)
If iPod wasn't in the headline title, this would get no press at all. It's utterly ridiculous. For example, if you watch Judge Mathis (a fine show btw), people are always stealing other people's stuff.. that's why these shows are here.
Give me a break... what's next... a Shark is reeled in by 16 lb test hooked to an iPod ??
The legal fees in this case are far more than the iPod is worth...even if this lady is trying to teach someone a lesson. She might as well light some money on fire while she's at it. She's wasting our tax dollars as well because a judge has to sit and listen to this crap. I hope a judge tosses this case and then slaps her in the face with the gavel for being a dumbass.
I live 15 miles south of Naperville and let me tell you, this is all b/s. According to yahoo news (sorry, link is old and therefore down), Naperville is 2nd on the list of best towns to live in America. Reason: everyone's frickin RICH there. Frankly, these people are complaining over spilled milk. If they can afford to live in Naperville, 300 dollars is probably that kid's weekly allowance.
I live in Wheaton. SOmeone tell me this girl's address, because im going to punch her mom in the face. I'm tired of stupid ass rich kids in this town. You lost your ipod? YOU'RE A MORON! DONT LEND IT OUT!
People should need a license to be a parent. It's bad enough women cant drive...but when they sue over a stupid ass IPOD? Die.
Andy Eick, thanks for the post. I was thinking that the mother was the total ass before I read your brother's comments. The jerk should be sued.
I blame this on the media. I'm sure a number of less fortunate individual's iPod's are "misplaced" every day, but said individuals aren't worth the media coverage.
On a different level, this is DAP discrimination! If a Creative Zen Vision:M was stolen there would be no media coverage, because the majority of the world still thinks there's a difference between an iPod and an mp3 player!
O, and "encrappen" is the word of the year, regardless of whether the guy is a lawyer, attorney, or a troller!!
first off, a litigious spirit encrappens the cleanest shannon's mom.
second, the Eicks owe an iPod, and if they really wanted to "keep the kids out of it" then they should have just ponied up the full replacement cost.
I don't really care about it either way, but I will be fragrently stealing th term 'encrappen' from embee, and using it at every opportunity. :)
This all seems silly, but I imagine to a 14-year-old who worked to purchase an iPod themselves it is pretty huge. An iPod Nano starts at $149, a 60GB iPod is around $399. Not saying she should turn down a free gift like that, but that's hardly equivalent compensation. The article didn't really mention how much she paid for hers, it just mentioned $475 in damages, so I'm not sure if that's a valid comparison.
I'd expect a friend would, out of respect and common courtesy, hold themselves accountable if something lent to them mysteriously disappeared. If a friend lent me something that I lost or altered negatively in any way, I would most certainly replace it or do something as a form of compensation. Isn't that just common sense? Heck, work it off over time if you can't pay for it up front. That's being responsible for your actions and I think anybody, let alone a friend would want to act that way. I really don't understand how anybody could act or feel any differently. Then again, if people are going to sue (and have to sue to get proper justice) over something as silly as this, then apparently there are plenty who don't feel that way.
A lawsuit might seem way over the top, however I'd imagine this started as a small claims issue and really they are painless. The costs are pretty small (I know it's only $30 in my locale without bringing lawyers into it). Really, it seems pretty clear cut. Either the judge believes the friend had posession of the iPod and failed to return it, or she doesn't.
I think the fact that this made news is what makes it all seem so ridiculous. Tons of these claims file through small claims everyday. It offers a very small scale to issue resolution without costing everyone a truckload of cash. Believe it or not, that's a main reason why small claims court exists in the first place. ;-)
First of all, this is just a small claims case right? Big deal. People sue each other for little crap like this all the time. Just because it's an iPod makes it news?
Secondly, she's certainly got every right to sue. If somebody borrowed your lawnmower and brought it back all broken, or gets it stolen, wouldn't you sue for damages? That's what small claims court is for. Now if she claims "mental distress", well then she's an idiot.
Lastly, If it were my daughter (I do have a teenager), I'd simply ram home the fact that she really screwed up and now she's got to take her lumps, and learn from her screw up.
Welcome to Fundyville USA. I live 10 min from Wheaton, there are churches every 1/2 a mile or so. I am not the least bit surprized by this. THis is what fear induced religion is all about, intolerance, ignorance, selfishness, hatred, etc. And Americans fear Athiests more than any other "religion". Only Good God fearing "gotta love that line" Christian Fundies or any religious fundy are capable of this kind of garbage. Meanwhile, so many people do not have enough to eat and this Fundy bitch is "teaching" her daughter this kind of crap.
Go fuck yourself you evil Fundy Bitch!!!!!!
The judge should throw this out of the court.
Her parents are worst for making such an issue of out a lost iPod, what is it she's expecting the court to say? Pay her $20,000? I hope her daughter goes out and do something stupid and her parents get sued in return. This is exactly one of the main problems in our society. Sue, sue and sue.
By refusing a replacement clearly indicate her intension. The only lesson they’re going to learn is to sue someone for losing a borrowed item. And this should be the first thing you should think of before you lend someone an item. My parent taught me “not to borrow something you can’t afford, and since you can afford it why borrow”
Pathetic being a parent without any form values or foundation to pass on….
Such people should be restrained at birth from being able to impregnate others or getting impregnated.
So sue me if you don't like my opinion here.
DR.FATAL
It seems odd to me that the girl would bring the ipod to school in the first place. Arent they fairly widely banned from school (or at least classrooms?). They do...afterall, pose a very similar issue as cellphones.
What the hell?
WHAT AHORRIBLE MOTHER!
I see a lot of ignorance here. A girl borrows an iPod and doesn't return it. The girl originally accepts responsibility, but her parents renig on this on behalf of their daughter. Any negotiations with these parents end with them hanging up on the McCarthys. This is exactly what small claims court is for. It's not like she's going after 'pain and suffering.'
If you borrow something you are exxpected to return it. Loaning is NOT giving.
Hey Sean,
Why don't you post your address. What kind of punk are you to threaten a woman. Better yet, maybe I'll send you mine. Come over whenever you feel like getting some sense knocked into you.
How come no one, other than rand, is reacting to Andy Eick's blog? I had to read it twice to check that it was written by the father not the 12 year old brother!
You are going to have your ass handed to you in court. You already admitted responsibility by offering $100. Now you are going to have to pay the whole whack plus fees. Dipsh#t.
Personally I would have taken the $100 as a certain amount of bad luck resulted in the loss. Nevertheless, the girl who lost it is 100% responsible.
This circus is no lesson for kids.
Also small claims courts are designed for these types of cases: small. I will sue the sh#t out of the DPT for wrongfully towing my car, and that is only $250. No lawyers involved though. And suing the government is always justifiable - it is the only way they'll learn.
I completely disagree with most of you. The lawsuit is the correct approach. Kids and students need to learn the laws of the land and that stealing is wrong.
My son had his $400 ipod video stolen during a high school class test. He was away from his desk for 4 minutes. Someone in the class must have seen what happened. But, 3 months later and still no ipod. If I could find out who took it, I would harass the student's parents until it is returned. If that doesn't work, I would definitely go to court.
This situation is exactly what the courts were intended for, if you know your legal history. These kinds of cases are what our legal system was founded on.
The Eichs only offered $100 after we had to file the suit. The suit cost us $140. We would have been open to a reasonable settlement. However, when we refused this offer, Mr. Eich threatedned to sue Melanie for $100,000 for harrasment and threatened to tie her up in court costs; alos poiting ou that he owns his own business and has plenty of money to litigate,
Oh and by the way "Dr.Fatal," we are only going after actual damages here, not $20k. The iPod was originally $200, she bought a case for $50 and the $140 for court fees. The $50 of tunes are registered to the individual iPod. The sight wont let the songs be downloaded to a different iPod; at least this is my understanding. I don't own an iPod (luckily) and don't know all the details of the music downloading.
1.I never had a lawyer, the Eick's have a whole law firm to haggle over this small suit.
2.Small claims was created just for this reason, to reasonably settle disagreements regarding small claims.
3.We live in Aurora, not Naperville.I am a single working mom who has paid taxes continuously for the last 24 years.
4.I am surprised that the Eick's are disappointed about not going on TV.They've had quite a few photo shoots with the Naperville Sun.
5.The Naperville Sun has slanted most of the stories.I told them I thought the donation was generous, but I feel the Eick's should be responsible for their actions.I told the paper to hold the Ipod until after court, and when we win we will accept the gift and donate all of the money to a local charity.
6.We didn't have a computer so Shannon downloaded the Itunes on a friend's computer.She has since moved and sold her computer.
7.Stephanie is now changing her story.I heard the original story from her on the phone with her mom also listening.This has gone from morally sad to plain old pathetic.
8.The only two compromises I was offered was to first be threatened and then $100.00 which didn't cover the cost of the suit I told them I was going to file 8 weeks before I actually did.
9.To the people who have called me horrible names and/or threatened physical harm to me, you are the example of why we have riots and wars.You prefer violence and anger instead of reasoning and justice.
This is hands-down, the STUPIDEST thing I’ve ever heard. The mother, Melanie McCarthy, passed raging BITCH mode – years ago… and went straight on to stupid, attention seeking wh_re. I don’t think there’s a word for how pointless this woman is.
I just don't understand how some of you people don't know what small claims court is, and what it is for.
This is not a waste of time, nor is it a frivolous lawsuit. Money/property was actually lost here. The child should be compensated.
It's as simple as this, you borrow something, you are responsible for it. You guys are surprised she is suing her "friend". But I would never screw a friend over like that if I borrowed something from them, and got it stolen on them. No real friend worth having would.
The comments I find funniest are the ones saying that the lawsuit should be dropped and the person should just pay. Well of course that's what SHOULD happen. But the reality is they aren't going to pay, and that's why the family is being taken to small claims court.
You also don't know that the school wasn't talked to, or whatever other steps were taken to avoid this situation.
Although the suit may be frivolous, lets take this particular angle at the case.
An iPod (and its content) is taken.
A replacement mysteriously shows up once the heat is on.
The perp gets away if the replacement is accepted.
The iPod may have a considerable amount of unrecoverable DRM fairplay content-- again it is like laptop theft, sometimes it is the content of the drive that has the real value.
Once it scales up to daytime TV, who knows what triggers are being pulled regarding the perp/victims notions of fairness.
[quote]Obviously Dispraiser has only heard the facts about the McDonald's coffee case from Jay Leno's monologue. It might not hurt to read up on the case before making uninformed statements about the legitimacy of
that case. Here is some good reading to start you off.
http://www.lectlaw.com/files/cur78.htm[/quote]
uhh, why would someone put a hot cup of coffee in between there knees and continue to try and pry off the cover? does she have one hand? maybe she never heard of patience? yes coffee is hot, do you want it to be cold? use your brain. people are being stupid on purpose, just to have a lawsuit nowdays.