August 9, 2007, - 10:22 am

Lawsuit of the Week: Adulterer Sues 1-800 Flowers

If you’re going to cheat on your spouse, you might want to consider the hilarious case of Leroy Greer. This advice would best be considered by a certain preoccupied .
On Monday, Greer filed suit against 1-800 FLOWERS for $1 Million, claiming breach of contract (Leroy Greer v. 1-800-Flowers.Com Inc., Case No. H-07-2543 (Houston)). Greer cheated on his wife and sent flowers to his extramarital girlfriend via 1-800 FLOWERS. He asked them not to send a receipt or any record of it to his home or office, conditions to which he alleges the company agreed.

But, months later, the company sent a thank you note to his home. His wife saw it, called the company, obtained the receipt, and found out the whole deal. She filed for divorce. Above the Law has a copy of the receipt, which says, “Occasion: Love & Romance,” and “Must Include Cuddly Plush/Stuffed Animal.”
I doubt Greer will collect much in this suit. He certainly doesn’t deserve $1 Million for it. Damages have to be foreseeable by the party who allegedly caused the damages. Did 1-800 FLOWERS know Greer was cheating on his wife? I doubt he openly said so. But when a man orders flowers sent to a woman who does not live at his home and asks that there be no record sent to his home or office, it’s probably a likely suspicion that the woman is an extramarital paramour.
And then there is the amount he paid for the flowers. In a breach of contract suit, if you win, you will usually, at least, get that back. So maybe he’ll get back $40 or $50, plus the filing fee. 1-800 FLOWERS probably has a standard agreement with all purchasers on its website, limiting the damages to a certain small sum. And finally there is the issue of adultery, which is still illegal in most states. Under some law, the commission of a an illegal act limits your ability to sue and get damages over being caught engaging in it. Plus, a court geneally won’t want to reward that.
Most people wouldn’t have the gall to sue over this. Now everyone around the world knows about the private life of Leroy Greer. And for what?

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One Response

They better not settle. That is nuts that this guy is bringing this suit. I’m so tired of people being able to settle stuff…if half this suing went to trial, the abuse of the system would not happen as much and our courts would take on more important things. Frivilous.

Highrise on August 9, 2007 at 6:48 pm

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