Getting Even in Aspen

The New York Times has a motto: "All the news that's fit to print". Of course, what they consider "all the news" and what others may think about that are often very different. Still, it's a catchy motto.

The Aspen Daily News has a motto too: "If you don't want it printed, don't let it happen". That's actually pretty good advice.

I saw that motto while reading the following article about a dissatisfied car buyer who decided to take some constructive action, and is now being sued by the dealer:

Elk Mountain Motors has filed a lawsuit to slam the brakes on some bad publicity being spread by a vehicle the dealership sold.

The Glenwood Springs car lot is suing Seth J. Turok because of a customized sign the Aspen resident has posted on the Audi A6 he bought from the dealer in 2000. Filed in Pitkin County District Court, the suit seeks at least $100,000 in damages and a jury trial.

The custom-made sign is an attention grabber for sure, and Elk Mountain claims it's a repellent for the dealership's potential customers.

"Friends don't let friends shop at Elk Mtn Motors," reads the sign, which is displayed on the driver and passenger sides of the four-door sedan.

Elk Mountain's complaint claims that the sign is damaging its business and reputation, and that Turok is committing libel and slander, among other charges.

You have to like the guy's style. Although he's getting sued, he refuses to remove the sign, and in fact, he probably has a good defense since it will be very difficult for the dealership to prove their allegations. It may cost him some money, but so far he thinks it's worth it.

This is a classic example of the need for a loser-pays system of tort law. If there was a loser-pays system in force, the dealer probably would not have filed this suit in the first place and would have sought other, less expensive remedies with the complainant.

Oh well, we can always dream.