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Sued for texting on a date


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#1 okbud

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Posted 19 May 2017 - 06:01 AM

https://www.attn.com...mpaign=internal

What a creepshow!

The part about dates not owing one another a specific experience really can't be underscored enough.

It's a lovely gesture for the theater to offer a gift certificate, but imo this sad sack wants the control of the woman, the righteous show... As if it is the HEIGHT of manners to sue strangers for doing something you frown upon.

Edited by okbud, 19 May 2017 - 06:01 AM.

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#2 MotherGoose

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Posted 19 May 2017 - 06:07 AM

What happened to, "well I guess this person is not for me. Won't be calling her again. Move on." Suing? So bizarre.
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#3 Fifiruth

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Posted 19 May 2017 - 06:19 AM

I think that he wanted to make the point that she was rude and inconsiderate and should be held responsible and reimburse him. I don't have a problem with that. That's what small claims court is for.

If she needed to deal with an emergency as she claims, she should have excused herself and gone out in the lobby.

Edited by Fifiruth, 19 May 2017 - 08:04 AM.

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#4 okbud

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Posted 19 May 2017 - 06:20 AM

"Someone I know knows some women who called me their hero"

First of all: mmm.... K?
Second of all: people say all kinds of dumb stuff.
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#5 SparklyUnicorn

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Posted 19 May 2017 - 06:24 AM

That's hot (said no person ever).

 

What a douche. 

 

 


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#6 JFSinIL

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Posted 19 May 2017 - 06:30 AM

I think that he wanted to make the point that she was rude and inconsiderate and should be held responsible and reimburse him. I don't have a problem with that. That's what small claims court if for.

 

If she needed to deal with an emergency as she claims, she should have excused herself and gone out in the lobby. 

 

Heck, I'd sue her, too...but then I am adamant that one puts those phones away during a movie!  There is no such thing as "discrete" with a glowing screen. I am sure the folks nearby didn't appreciate their movie experience being disrupted by her texting. 

 

Ok, I'd not sue - but she was RUDE.  He isn't being much better, true, but I'd have asked her to stop messing with her phone, too.


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#7 SparklyUnicorn

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Posted 19 May 2017 - 06:32 AM

Of course she was rude, but so what.  That's not something to sue over.  That's just something to tell you she's not someone you want to go on another date with.

 

 


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#8 SparklyUnicorn

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Posted 19 May 2017 - 06:34 AM

What contract was formed when he bought her a ticket?  Is there some rule that one must behave a certain way when someone buys them a movie ticket?   That's ridiculous. 

 

 


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#9 MaeFlowers

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Posted 19 May 2017 - 06:49 AM

I'm thinking she was texting her friends and begging them to pick her up at the theater.
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#10 Mergath

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Posted 19 May 2017 - 06:56 AM

I think that he wanted to make the point that she was rude and inconsiderate and should be held responsible and reimburse him. I don't have a problem with that. That's what small claims court if for.

 

If she needed to deal with an emergency as she claims, she should have excused herself and gone out in the lobby. 

 

Yeah, but it's not like he missed out on anything, you know? It's a movie. Even if she hadn't been texting, they would have been sitting quietly, not interacting, while they watched the movie. Obviously what she did was rude, but whether she watched the movie or texted on her phone, it doesn't change much from his point of view.


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#11 MSNative

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Posted 19 May 2017 - 07:05 AM

Brilliant. Love that he is publicly showing what a jerk he is. Hopefully ladies google him if he asks them out. I think he will save a lot of money.
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#12 Kinsa

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Posted 19 May 2017 - 07:20 AM

I saw an article that quoted the defendant as saying she texted only 2 or 3 times with her best friend who had just gotten dumped by her boyfriend and was really upset. After the 3rd time, he commanded that she put away her phone, but she went out of the theater to continue texting. She didn't go back.

Edited by Kinsa, 19 May 2017 - 07:21 AM.

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#13 Amy in NH

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Posted 19 May 2017 - 07:27 AM

I suppose she should have broken the date if she knew she was going to spend the evening supporting her friend. Whether it was a date or not, she should not have been texting in a darkened theater - it's rude to everyone who paid for a ticket, not just her date.

Edited by Amy in NH, 19 May 2017 - 07:27 AM.

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#14 imagine.more

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Posted 19 May 2017 - 07:39 AM

What happened to, "well I guess this person is not for me. Won't be calling her again. Move on." Suing? So bizarre.


Exactly!
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#15 gardenmom5

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Posted 19 May 2017 - 07:46 AM

Of course she was rude, but so what.  That's not something to sue over.  That's just something to tell you she's not someone you want to go on another date with.

 

and not one to go out to grab something to eat afterwards.  the date's over guys.

 

I'm thinking she was texting her friends and begging them to pick her up at the theater.

 

that would have been an emergency.  ;)

 

Yeah, but it's not like he missed out on anything, you know? It's a movie. Even if she hadn't been texting, they would have been sitting quietly, not interacting, while they watched the movie. Obviously what she did was rude, but whether she watched the movie or texted on her phone, it doesn't change much from his point of view.

 

maybe he thought they were supposed to get physical in the darkened theater.  holding hands, arm around the shoulders, making out . . . (or is my age showing?)

 

I saw an article that quoted the defendant as saying she texted only 2 or 3 times with her best friend who had just gotten dumped by her boyfriend and was really upset. After the 3rd time, he commanded that she put away her phone, but she went out of the theater to continue texting. She didn't go back.

 

such drama.  (both of them.)

he "commanded"?  what the  . . . ?  such a catch . . . .


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#16 Diana P.

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Posted 19 May 2017 - 07:51 AM

I don't think this is worth suing over (not much really is), but

Those little lit up screens are distracting in the movie theater. If one is going to read or respond to any text during a movie one should leave the theater. So the girl was wrong. I'm surprised another movie patron didn't complain. Maybe they didn't because they noticed her date calling her out. It really is rude. Movie tickets cost a lot and this movie was probably crowded. She should have left the theater on the first text and apologized to her date later.

If it were me I'd just not go out with the date again. I suspect suing is a way to publicly put other people on notice. However the man fails to see it makes him look undesirable too.
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#17 OneStepAtATime

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Posted 19 May 2017 - 08:12 AM

1.  Texting in a theater is rude.  I have seen people do it many times and not once did I feel the urge to sue them.  I did complain upon occasion and they usually put their phone away.  I also find leaving a screaming infant in the theater to be rather rude but I don't sue moms and dads for doing so.  I give them grace and assume that maybe they are exhausted and in desperate need of a little R and R.  Sometimes being at the theater is not the "idyllic" experience it could be.  That's life.  Life isn't perfect.  

 

2.  It is utterly ludicrous to sue someone because their first date didn't go as planned.  Neither he, nor his property was harmed.   She was not in breach of some contract.  She was not screaming expletives at him in the theater while threatening his well-being.  He just had a lousy date.  So what?  Most people at one time or another are going to have a lousy date.  Should everyone hop on the lawsuit bandwagon for every lousy date?  Seems like a lot of wasted time, effort and money to me.

 

 


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#18 Fifiruth

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Posted 19 May 2017 - 08:13 AM

Back in my day that would've been chalked up as a bad date, and both would have moved on. However, they are both showing that not much is the same as it was back in my day. She's sitting there interacting with her phone, and he's suing.
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#19 nixpix5

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Posted 19 May 2017 - 08:42 AM

What happened to, "well I guess this person is not for me. Won't be calling her again. Move on." Suing? So bizarre.


Absolutely! I just cannot wrap my head around this as a problem so vast one must sue. Talk about a privileged, individualistic mindset. First world problems...geesh...
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#20 Butter

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Posted 19 May 2017 - 09:01 AM

If her not texting during the movie was that passionately important to him, he should have taken her to Alamo Drafthouse.  They have several in Austin (and it's actually Alamo Drafthouse - not the theater he took his date to - that has offered him the gift certificate in the amount of the lawsuit).  They are *extremely* strict about texting or talking during a movie.  They issue a warning or two and then absolutely will remove you from the theater if you ignore them and continue to talk or text.  He has an incredibly big issue with people being rude and texting during a movie apparently so he should go somewhere where texting is absolutely not allowed.

 

edited to fix a typo


Edited by Butter, 19 May 2017 - 10:40 AM.

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#21 Fifiruth

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Posted 19 May 2017 - 09:39 AM

I think that most people who pay to see a movie have an issue with rude people being on their phones during the movie.

Am I the only one who thinks that she should have paid her own way to begin with?

Edited by Fifiruth, 19 May 2017 - 12:26 PM.

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#22 zoobie

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Posted 19 May 2017 - 09:46 AM

She was rude, but him suing is unbelievable. I can't imagine anyone ever going out with him in the future, but you know someone will find him strong and want to be "commanded." Ew.


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#23 ChocolateReign

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Posted 19 May 2017 - 10:05 AM

I think that he wanted to make the point that she was rude and inconsiderate and should be held responsible and reimburse him. I don't have a problem with that. That's what small claims court is for.

If she needed to deal with an emergency as she claims, she should have excused herself and gone out in the lobby.


No, small claims court is not for "rude and inconsiderate" behavior.
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#24 Anne in CA

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Posted 19 May 2017 - 10:15 AM

Well, I don't like the direction this is going because I think that the next step is being "polite" by kissing or doing more on a date. The WHOLE point of dating is supposed to be trying to get to know the other person. He got to know her and he should move on. This behavior would be a deal breaker for me too, but the fact that he's suing is nutty. When I was single and dating I totally didn't date anyone a second time who was the slightest bit rude. I have catered weddings where the bride is annoyed by something rude the groom is doing and obviously he's been doing that the whole time they dated, but she is freaked out that he hasn't quit. People don't quit rude behavior to make their date happy. You have to just move on. 

 

I have a single friend who has had men get angry that she won't sleep with them after they bought her a decent dinner at the Olive Garden. I'm talking 45yo men with six figure incomes, people. That's nuts. The attitude of entitlement is crayyyyzeeee.  Everyone goes on some bad dates when they are single. 


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#25 Mimm

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Posted 19 May 2017 - 10:38 AM

Obviously texting in the theater is rude. And most of us would have been annoyed. This guy though... clearly his ego is such that he feels extra violated that she DARED to mess up their date. No normal person sues for something like this.


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#26 onelittlemonkey

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Posted 19 May 2017 - 10:41 AM

Well, I don't like the direction this is going because I think that the next step is being "polite" by kissing or doing more on a date. The WHOLE point of dating is supposed to be trying to get to know the other person. He got to know her and he should move on. This behavior would be a deal breaker for me too, but the fact that he's suing is nutty. When I was single and dating I totally didn't date anyone a second time who was the slightest bit rude. I have catered weddings where the bride is annoyed by something rude the groom is doing and obviously he's been doing that the whole time they dated, but she is freaked out that he hasn't quit. People don't quit rude behavior to make their date happy. You have to just move on.

I have a single friend who has had men get angry that she won't sleep with them after they bought her a decent dinner at the Olive Garden. I'm talking 45yo men with six figure incomes, people. That's nuts. The attitude of entitlement is crayyyyzeeee. Everyone goes on some bad dates when they are single.


Yep. This scares me because he feels entitled to certain behavior on a date. People are rude, so what? She owed him nothing at all. Nothing.
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#27 Mimm

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Posted 19 May 2017 - 10:44 AM

Yep. This scares me because he feels entitled to certain behavior on a date. People are rude, so what? She owed him nothing at all. Nothing.

 

She did, however, owe a certain standard of behavior to everyone else in the theater. The correct course of action would be to walk out and notify the theater that someone was using their cell phone during the movie and let them handle it.


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#28 transientChris

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Posted 19 May 2017 - 11:03 AM

There is no legal case. Apparently she has now paid him the money and he has dropped the case. As someone else said above- there was no contract.
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#29 Jenny in Florida

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Posted 19 May 2017 - 11:50 AM

Okay, so of course I agree the guy had no case . . .

 

But I feel compelled to admit that a little part of me cheered when I heard about this story, because I am so frustrated by the rampant rudeness of folks who feel entitled to use their cell phones in theatres (both the movie kind and the live performance kind). It is, honestly, one of the reasons I've more or less stopped going to movies, even though it used to be one of my favorite things to do. 

 

So, sure, the lawsuit was an over-reaction, but I kind of hope at least a few people who might otherwise be tempted to keep those phones in their hands during a film or performance will reconsider if they know there's a chance they might get dragged into this kind of publicity.


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#30 heartlikealion

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Posted 19 May 2017 - 12:00 PM

Yeah, but it's not like he missed out on anything, you know? It's a movie. Even if she hadn't been texting, they would have been sitting quietly, not interacting, while they watched the movie. Obviously what she did was rude, but whether she watched the movie or texted on her phone, it doesn't change much from his point of view.

 

It would have ruined the movie for me, actually. That bright light and constant movement in the seat next to me. And the fact that I paid for this person to stare at the big screen, not their little screen. BUT I would NOT sue over it!!

 

Maybe he should have had the theater send an usher in to reprimand her or boot her :laugh: He would have missed a few min. of his movie instead of ruining the whole thing.


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#31 Danestress

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Posted 19 May 2017 - 12:06 PM

I think that he wanted to make the point that she was rude and inconsiderate and should be held responsible and reimburse him. I don't have a problem with that. That's what small claims court is for.


That is not, in fact, what small claims court is for.
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#32 Mimm

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Posted 19 May 2017 - 12:17 PM

What gets me is if this is how he reacts to obnoxious behavior on a first date... behavior that didn't actually harm or endanger anyone, and cost him a couple of wasted movie tickets... how does he react when it's a (more) real problem, like his wife dents the car, or overdraws the bank account, or offends his mother? If texting during the movie is worthy of a lawsuit, how do you react to other mess ups?

 

She's obnoxious.

 

He's scary.


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#33 Fifiruth

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Posted 19 May 2017 - 12:33 PM

Small claims court is not for criminal cases; it's for claiming reimbursement or damages for a perceived wrong. The judge decides if it has merit or not, but a person is certainly free to file a claim, so long as the amount is under what the law says it needs to be for using the "small claims" court.

#34 SparklyUnicorn

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Posted 19 May 2017 - 12:35 PM

Small claims court is not for criminal cases; it's for claiming reimbursement or damages for a perceived wrong. The judge decides if it has merit or not, but a person is certainly free to file a claim, so long as the amount is under what the law says it needs to be for using the "small claims" court.

 

The fees alone will be far more than the price of the ticket.  He's being a dipshi*


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#35 SparklyUnicorn

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Posted 19 May 2017 - 12:41 PM

Plus he has no case.  What's the case?  No contract involved.  There is no promise of anything on a date.  They will laugh at him.

 

 


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#36 Anne in CA

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Posted 19 May 2017 - 12:55 PM

What gets me is if this is how he reacts to obnoxious behavior on a first date... behavior that didn't actually harm or endanger anyone, and cost him a couple of wasted movie tickets... how does he react when it's a (more) real problem, like his wife dents the car, or overdraws the bank account, or offends his mother? If texting during the movie is worthy of a lawsuit, how do you react to other mess ups?

 

She's obnoxious.

 

He's scary.

That is exactly what I was trying to put my finger on. The fact that he doesn't feel lucky that he spent $17.50 to find out she is rude is disturbing. It also makes me wonder how rude she really was. 



#37 okbud

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Posted 19 May 2017 - 12:56 PM

Small claims court is not for criminal cases; it's for claiming reimbursement or damages for a perceived wrong. The judge decides if it has merit or not, but a person is certainly free to file a claim, so long as the amount is under what the law says it needs to be for using the "small claims" court.


Free to file a claim that will inevitably be dismissed because that's not what small claims court is for, and that being what small claims court is for are two different things.

#38 SparklyUnicorn

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Posted 19 May 2017 - 12:58 PM

Free to file a claim that will inevitably be dismissed because that's not what small claims court is for, and that being what small claims court is for are two different things.

 

And it is not free. 

 

And if by some weirdness they ordered her to pay him back, it would cost him money to have that enforced if she didn't do it. 

 

Just...really why?!  Don't ask her on another date.  Problem solved.  So sorry you are out $17.  The $17 might have been better spent going to a shrink to find out why you are so nuts. 


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#39 okbud

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Posted 19 May 2017 - 12:59 PM

And it is not free.

And if by some weirdness they ordered her to pay him back, it would cost him money to have that enforced if she didn't do it.

Just...really why?! Don't ask her on another date. Problem solved. So sorry you are out $17. The $17 might have been better spent going to a shrink to find out why you are so nuts.


Power Trip
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#40 SparklyUnicorn

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Posted 19 May 2017 - 01:04 PM

Plus, honestly, if I wrote everyone off for being glued to their cell phones, I would never talk to anyone because everyone around me does it.

 

I had to marry a guy who hates them as much as I do.  :laugh:



#41 Greta

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Posted 19 May 2017 - 01:19 PM

What gets me is if this is how he reacts to obnoxious behavior on a first date... behavior that didn't actually harm or endanger anyone, and cost him a couple of wasted movie tickets... how does he react when it's a (more) real problem, like his wife dents the car, or overdraws the bank account, or offends his mother? If texting during the movie is worthy of a lawsuit, how do you react to other mess ups?

She's obnoxious.

He's scary.


This exactly. His sense of entitlement and his eagerness to punish are downright scary.

In her shoes, I would consider that the best $17 I ever spent if it got him out of my life for good.
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#42 Fifiruth

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Posted 19 May 2017 - 01:46 PM

The more I read this thread, the more I think that maybe they deserved each other!

Just being cheeky..........carry on
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#43 Mergath

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Posted 19 May 2017 - 05:09 PM

I think that most people who pay to see a movie have an issue with rude people being on their phones during the movie.

Am I the only one who thinks that she should have paid her own way to begin with?

 

I can't stand when people use their phones in the theater. I think most people here agree it's rude.

 

However, by suing her for the cost of her ticket, he's acting like she owed him something, and since she didn't deliver he should get his money back. That's not a healthy or safe way for a person to think about dating. The point of the story isn't that she was texting, but that this guy is a complete loon.


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#44 gardenmom5

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Posted 19 May 2017 - 05:16 PM

Plus he has no case. What's the case? No contract involved. There is no promise of anything on a date. They will laugh at him.


Can we dream about him going before judge judy?

They'd both be toast.
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#45 Attolia

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Posted 19 May 2017 - 06:05 PM

What happened to, "well I guess this person is not for me."

 

 

I think she had already figured that out  :lol:  and was just suffering through.

 

 


Edited by Attolia, 19 May 2017 - 06:06 PM.

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#46 MEmama

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Posted 19 May 2017 - 06:09 PM

Yep. This scares me because he feels entitled to certain behavior on a date...She owed him nothing at all. Nothing.


This is exactly how I framed it to my 14 yo. He's not dating yet (nowhere close) but I think it's an incredibly important message to talk about with all teens. No girl--or boy--owes you ANYTHING. Full stop.

So at least a good conversation came out of this wretched man's patriarchal, entitled attitude.
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#47 Danestress

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Posted 21 May 2017 - 12:37 PM

This is exactly how I framed it to my 14 yo. He's not dating yet (nowhere close) but I think it's an incredibly important message to talk about with all teens. No girl--or boy--owes you ANYTHING. Full stop.

So at least a good conversation came out of this wretched man's patriarchal, entitled attitude.


Although, what if it weren't a date? What if a person goes to a movie and a person near him in the theatre texts throughout the movie? I will admit, when people text in a dark theatre, it distracts and annoys me to the point I wish I could make them reimburse me for the ticket!

I probably could start a thread on how annoying it is when people talk, eat loudly, or text during movies. Surely we can all agree on that! The tickets are so expensive these days, and it's truly a bummer when one person can impact the experience so negatively.

#48 SquirrellyMama

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Posted 21 May 2017 - 01:09 PM

Can we dream about him going before judge judy?

They'd both be toast.


Oh my, yes! I'd love to hear her weigh in on this case 😊

Kelly
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#49 elegantlion

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Posted 21 May 2017 - 01:19 PM

I laughed when I first read the story. I hate rude people in the theater and would have been highly annoyed. What's funny is that  the fallout from the date is going to cost him more than $17. He may be single for a long while yet. I figure he is also a huge nerd and she did ruin the movie for him. He needs to learn, however, to suck it up, buttercup. 



#50 OneStepAtATime

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Posted 21 May 2017 - 01:20 PM

Although, what if it weren't a date? What if a person goes to a movie and a person near him in the theatre texts throughout the movie? I will admit, when people text in a dark theatre, it distracts and annoys me to the point I wish I could make them reimburse me for the ticket!

I probably could start a thread on how annoying it is when people talk, eat loudly, or text during movies. Surely we can all agree on that! The tickets are so expensive these days, and it's truly a bummer when one person can impact the experience so negatively.

O.k. so lets pursue that.  What if it isn't a date and someone else is texting while you are watching a movie in a theater? Yes, I agree, it is very annoying.  I think pretty much everyone could probably agree that texting at a theater once a movie starts playing can be horrifically annoying.  Are there options besides litigation?  Yes.  I have, at times, simply politely asked people to stop.  Most of the time they have complied.  There is also the option to complain to the manager of the theater.  Some theaters even have a zero tolerance policy they enforce so if you complain they get kicked out immediately.  Perhaps if more theaters followed that policy there would be a lot fewer people doing it in the first place.  I would rather see that be the push than encouraging law suits.

 

Personally, I don't think it sets a good precedent at all for someone to SUE just because someone else is being very annoying.  Think about the ramifications of that legal precedent.  I really don't think it is a good idea to go down that road.


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