This guy was sued because he booked me and I showed up finding another guy playing, guy wouldn't discuss it afterward, nor admit his mistake. He signed off on a counterclaim which was a fabrication and was defamatory under the law, so now he gets to start paying $200/hour for a lawyer instead of just paying me the night's pay of $125.
The lawsuit reads as follows:
Gregory M. Field, plaintiff ) Hartford District Court
)
V ) At Hartford CT
Steven Turner, DBA as the River Walk )
Restaurant, defendant ) March 28, 2011
Return date April 26, 2011
CIVIL COMPLAINT
The plaintiff in this matter Gregory M. Field of 41 Nepaug St Hartford CT 06106 brings this action before this court seeking damages from the defendant Steven Turner DBA the River Walk Restaurant of 14 Holmes Street Mystic, CT 06355 for the reasons set forth herein
PRELIMINARY STATEMENT
1.) The plaintiff Field is a professional musician, singer/songwriter/pianist/guitarist who works locally, throughout New England, the US, and several foreign countries. The plaintiff has been engaged in this profession as his main livelihood for approximately 30 years
2.) The defendant Turner operates a restaurant in Mystic Ct, known as the River Walk, located a 14 Holmes St. and features live music at that location
3.) The plaintiff relies mainly on telephone contacts with new venues to acquaint potential clients with his services. Through such contacts the plaintiff typically provides song samples by CD or through mp3 files online and then follows up a few days later.
4.) On several occasions in September 2010 plaintiff contacted the defendant about performing in his restaurant, provided a CD and was ultimately told to call in December at which time defendant would be booking January dates.
5.) As per defendants directive plaintiff contacted defendant at 9:23AM December 11 2010 and was given by the defendant the date of Friday January 7, 2011 to perform from 8PM to 11PM for a fee of $125. This date was logged into plaintiff’s computer.
6.) Upon arriving at the River Walk at the appointed time plaintiff discovered that another performer has been scheduled to perform, and was expected by the staff, in spite of the agreement made by the defendant on 12/11/10.
7.) The next Morning, 1/8/11, plaintiff called the defendant to discuss what had happened and to negotiate some compromise as to payment or to book a makeup engagement sometime in the near future. Defendant spoke briefly, excused himself and put the phone on hold, leaving it until the call was disconnected. Plaintiff suspected this was deliberate.
8.) Plaintiff tried several times over the next few days to speak to the defendant to try to persuade him to accept some responsibility for his mistake, perhaps to book a return date, to no avail. On the last occasion defendant told plaintiff not to call again, and so plaintiff ceased from all calls.
9.) Whereupon plaintiff in this matter filed suit in small claims court to seek compensation for his lost income due to the defendant’s negligence.
10.) Upon being served with the small claims writ the defendant responded with a counterclaim, in which he stated, by numbered item:
1.) The plaintiff was never booked/hired to play at his restaurant
2.) The plaintiff had tried to extort money for several weeks for services “we never engaged”
[3 - 6 are irrelevant to this case.]
Pertinent to this case:
7.) “Frankly we are tired of the harassment by the claimant and request monetary damages from the claimant for the following reasons:
a. Undue harassment for fees not owed
b Travel to court for same
c. Distress in dealing with the claimant’s unsubstatiated [sic]allegations
d. We respectfully request the honorable cour [sic] to award damages in the amount of $2,000 from the plaintiff for undue stress, harassment, and libel of our restaurant
Defendant’s claim in its entirety is a fabrication and is in fact a perjured statement before the court of small claims. It is clearly designed to impugn the integrity of the plaintiff in the eyes of the court. Defendant’s claim ignores the fact that the small claims court does not award damages for “extortion”, “harassment”, “Travel” , “Distress”, or “libel”. As such defendant’s counterclaim is frivolous, without legal merit, and has been filed solely to distress and intimidate the plaintiff.
11.) Plaintiff never engaged in any activity other than his usual cordial and professional contact and conversation regarding his services for hire. Plaintiff ceased all contact when directed to do so.
12.) In spite of his allegations in his counter claim defendant never filed a police complaint for harassment or for extortion against the plaintiff.
Defendant by means of his counterclaim is attempting to perpetrate a fraud upon the court and in so doing has committed perjury. He is attempting to evade responsibiliy for his mistake by throwing fabricated accusations at the plaintiff. His statements and unsubstantiated accusations are blatantly false and designed to impugn the integrity of the plaintiff in the eyes of the court and to defame him publicly and on the record which is accessible to the public. Defendant’s counterclaim is entirely without basis and is brought in a vexatious manner with the intent to retaliate, seek revenge, and cause personal distress over the threat to the plaintiff’s reputation
WHEREFORE
Plaintiff seeks damages for the following:
COUNT # 1.) VEXATIOUS LITIGATION
According to CT Statutes, Sec. 52-568. Damages for groundless or vexatious suit or defense. “Any person who commences and prosecutes any civil action or complaint against another, in his own name or the name of others, or asserts a defense to any civil action or complaint commenced and prosecuted by another (1) without probable cause, shall pay such other person double damages, or (2) without probable cause, and with a malicious intent unjustly to vex and trouble such other person, shall pay him treble damages.” Defendant’s counterclaim, a clear and provable fabrication, shows defendant to have committed vexatious litigation as set forth in Sec 52-568.
COUNT # 2.) COMMERCIAL DISPARAGEMENT/TRADE LIBEL
Defendant’s statements represent an injurious attack on the integrity of the plaintiff’s business and constitute willful harm to his professional standing and reputation for his services.
COUNT #3 DEFAMATION
Defendant has in his counterclaim knowingly stated a provably false assertion of facts and has published derogatory and unfounded statements and accusations of unprofessional and criminal behavior which serve to harm the plaintiff’s standing and reputation with regard to his profession and to his community, cause financial loss, and has caused him emotional distress.
The requirement for a finding the a person is the victim of libel are as follows:
1.) The defendant by writing, printing or orally made a defamatory statement about the plaintiff; (evident on the face of the counterclaim)
2.) The defendant published the defamatory statement; (by way of filing his counterclaim in the public record)
3.) The defendant:
a. knew the statement was false and defamed plaintiff; or
b. published the statement in reckless disregard of whether the matter was false and defamed plaintiff; or
c. acted negligently in failing to learn whether the matter published was false and defamed plaintiff;
4.) Either the publication caused plaintiff to suffer special damages, or the statement was defamatory on its face. Reckless disregard for whether the matter was false and defamed plaintiff means that the defendant must have had serious doubts about the truthfulness of the statement at the time of the publication.
The defendant published statements he knew to be false and defamatory on their face and were made with reckless disregard to the potential harm to the the plaintif, and in fact were published purposefully in order to cause harm and distress the plaintiff and to chill him from his legitimate attempt to recover funds owed to him.
COUNT #4) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Defendant clearly brought his counterclaim with its false assertions in order to intimidate, harass, vex, cause harm to reputation, and impugn his standing in the music community, as revenge and retaliation for the legitimate attempt on the part of the plaintiff to collect funds lawfully owed to him. Plaintiff has suffered stress and anxiety, and insomnia, and impaired ability to utilize interpersonal skills necessary to his profession. This matter continues to occupy plaintiff’s mind and distract him in the course of his day.
COUNT #5 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
Plaintiff had budgeted the expected fee very specifically to pay utility bills that week and was unable to do so, and experienced a great deal of stress and anxiety over his general financial situation as a direct result of the defendant’s negligence.
COUNT #6 BREACH OF CONTRACT
Defendant committed breach of contract by failing to abide by his agreement to engage plaintiff’s serves and failing to provide a reasonable remedy or acceptable compromise.
WHEREFORE
Based on the foregoing description of facts and events plaintiff seeks compensatory and punitive damages in the amount of, but not limited to, $50,000. Additionally, if the court finds that defendant’s counterclaim was made without probable cause, and with a malicious intent unjustly to vex and trouble the plaintiff, plaintiff requests he be paid treble damages as allowed under CGS Sec. 52-568.
By the plaintiff,
___________________________
Gregory M. Field 3/25/11
41 Nepaug St 06106
860-953-0029 outerrealm13@sbcglobal.net
