Man Told To Re-File Lawsuit Over Roses
Posted: Tuesday, November 20th, 2007 at 12:17 pm
A man has had his lawsuit dismissed by a Houston based judge, and has been advised to re-file the lawsuit in New York , as advised on the website of the company he is suing. Leroy Greer is suing flower company 1-800-flowers.com for contributing to his wife finding out that he had sent flowers and a cuddly toy to his girlfriend.
Although Greer and his wife were separated and going through divorce at the time, Greer now claims that he will have to pay his wife far more as part of the split as a result of the actions taken by the flower company. According to reports a copy of the receipt and message sent with the roses and toy to Greer’s girlfriend was faxed to his wife by a company official.
The judge that dismissed his lawsuit stated that if he is planning to sue based on the contract with the flower company then he must follow the contract in terms of where he sues. The company states that any legal action must be taken in Nassau County, where it is based, or Suffolk County.
The Houston judge wrote that Greer “was given notice that the privacy policy, on which he claims to have been relying when purchasing flowers for his girlfriend, was part of a broader terms-of-use which he apparently chose not to review. Had he done so, he would have been given notice — on the first page and in all capital letters — that by accessing the Web site he agreed to be bound by the Terms of Use and that any ‘claim relating to the Web site’ or its content was subject to a forum selection clause.”
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