Univaraltv Dalvy Kansan, July 27, 1981
---
Unusual cases resolved in small claims court
By ACHAL MEMRA
Staff Writer
As courts go, the setting seemed incongruous.
"You are not allowed any lawyers," Judge Mankil of said. "And we'll throw most of the court rules out of the window."
Sitting below the judge's podium, on either side of a large table, the plaintiff Deborah Shaw, 1138 Pennsylvania St. and defendant Jim Tutchule, representative for Super-X Drugs, modded slowly.
What he wanted the two to do, of Of said, was to start a conversation.
"we ask us to get down and reach some kind of agreement. This court does not like to make a judgment," he said.
THE COURT INVOLVED was the Small Claims Court, which was in one of its regular weekly sessions Thursday at the Massachusetts Courthouse, 1109 Massachusetts St.
Massachusetts Br.
Shaw took less than five minutes to
give her testimony.
She said she was hired by Super-X Drugs, 1015 W. 23rd St., Mar. 4, 1981, to work as a health food consultant beginning April 6.
To secure the job, she said, she had to make five trips to file applications, be interviewed and take a polyrhap test.
Three days before she was to start working, however, the store told her they could not hire her because of staff cutbacks.
Shaw claimed she was entitled to reimbursement for her expenses in getting the job.
one claimed $92.80 from Super-X.
Tutschel said he sympathized with
Shaw, but the personnel manager of his store had refused to allow the reimbursement.
Five minutes later the case rested.
Five minutes later the court ordered two minutes to deliver its judgment.
"The court is in full sympathy with you," Of said, "but I know of no law that can force a prospective employer tnaw somebody for applying for a job.
"Therefore I deny your request for compensation. I am sorry."
In less than 15 minutes another case was ready for trial.
This one involved two former roommates and the "had objection" parted friends."
volunteers.
In Larry Daymude, 1733 W. 24th St, brought a suit against Roger Loyd Aday, 913 Michigan St., for $210, his share of the security deposit put up on the two until Daymude moved out this March.
Aday in turn sued Daymude for the latter's share of the contract rent, which Daymude has stopped paying when he moved out.
Not an unfamiliar case. It was decided in under 20 minutes after the two had traded some banter.
"THE TWO CASES" Of said after the court recessed, "are typical of the kind of cases we get."
Not all cases, he said ended as peacefully. He recalled one case in which the parties got into a shouting match
in fact. "Usually I take the case under advisement in such circumstances," he said.
"You don't want to render judgment when people are so worked up."
Of said that although some judges disparaged small claims courts because they felt that if the case did not
Most cases are decided within three weeks he said.
They are inexpensive, quick and simple, he said.
weekly.
Court fees are just $8 and recoverable from the defendant if the plaintiff wins the case.
And because no lawyers are permitted, except when they themselves are involved in a case, Of said, few technicalities are involved.
MORE AND MORE residents of Douglas County are turning to the small claims court for the resolution of their minor controversies.
Since July 1973, when the Douglas
Inquiry was opened,
2/87 claims had been filed.
"The cases are really rising fast." Wends Kourt, court bookkeeper, said.
100 claims were filed. This year, 236 cases have been filed.
Cynthia Week, director of Student Aid Legal Services, said the service frequently referred students to small-club courts on the speed and simplicity of the courts.
Of said he suspected that there were cases that were better resolved in small claims courts but go to higher courts because lawyers don't like to lose
Forth-two states in the country have small, state-level centers according to the State Center for State Education.
Kansas is one of eight states that prohibit the use of attorneys in small claims courts.
Rules governing these courts vary from state to state.
claims courts.
States also differ on the maximum
dollar limit one can sue for.
limit.
She said there were proposals to raise the maximum limit to $1,000 in Kansas.
Tennessee and Virginia permit a $5,000 limit. Kansas permits a $500 limit.
IN KANSAKS THERE are two other restrictions. No one can sue more than five times a year, and the case must be made by a person which the defendant resides or works.
Apart from these restrictions,however plaintiffs enjoy wide latitude.
County, the majority involved landlord and tenant disputes.
ever,phanitin had one hundred cases in Douglas Of several hundred cases in Douglas
But the overall spectrum of cases was wide.
In one case a plaintiff successfully sued Bill's Mobile Service, W. 12rd W., 23rd St. for $62.56 for damage caused to her car because Bills' Mobile Service had left with oil in her car, which had left with oil for an oil and filter change.
In other cases:
A KU student was awarded $27.91 after being bitten by a dog.
A plaintiff was awarded $200 for being a being, as evidently shot in a hunt.
Less Furniture, 9th and Iowa Streets for $190.90 for defective furniture supplied by the store.
A plaintiff won $100 from a defendant for damage done to her carpet by cat urine and feces while her apartment was rented to the defendant.
Clinton
From page one
"You could put a mast up anywhere
whole world if you wanted to."
Downstairs.
too long," Wiseman said. "You completely rig your boat in the parking lot, except for putting the sail up."
NO SIGNS ARE POSTed concerning where a mast should be raised and project manager Counts was not certain about it, either.
Where to put up the mast is not mentioned in either the Federal Safety Boating Act of 1971, which was amended in 1977 and governs all waters in that jurisdiction. Code of Federal Regulations, Chapter III, part 327, which governs Clinton State Park
IN STATUTE H-1424, public road is
defined as the entire width and boun-
down.
Kansas statute 8-094, section A states that a vehicle cannot carry a load exceeding 13.6 feet in height on a public road without a permit.
However, two broad Kansas statutes seem to indicate that technically the masts should not be raised and then transported any distance.
dary of a publicly maintained road that has any part open to the public for vehicular use.
doubted whether any officer would arrest anyone in that situation.
However, Douglas County Sheriff Rex Johnson said that he could not imagine a police officer arresting someone for putting a mast up in a parking lot and then moving it to the boat ramp.
amp. Deputy sheriff Ted Crady also said he
wiseman said that the only rational, fool-proof way of preventing a serious accident from happening would be to ship sailors to sailboats or remove the power line.
He said he did not feel that a sign warning of low-hanging power lines would be enough to prevent similar incidents.
An automobile valued at $4,500 was stolen from a parking lot at 2425 Iowa St. sometime between Thursday and Saturday, according to Lawrence polls.
On the Record
Police said the vehicle was a 1978 bronze, four-door Chrysler New Yorker, and that it had 37,000 miles on it when it was taken.
piotl, together valued at $150, were taken from inside a residence at 768 Lincoln SW sometime between last Friday, according to Lawrence police.
Police have no suspects.
TWO RIFLES, one shotgun and one
Police have no suspects.
Police said the chain lock on one of the doors was slipped. A 30-3 cal. Remington rifle worth $170, a 12-guage shotgun worth $140, a 22-caliber rifle worth $100 was a pistol worth $100 were stolen.
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