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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33937
Experience:  Began practicing law in 1992
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I recently went to Fed ex that have a kinko in their business

Customer Question

I recently went to Fed ex that have a kinko in their business I wanted my Triple Crown ticket that I had purchased for the race to be laminated as I wanted to save it as a
collectible for the future I wanted to give it to my grandchildren in hopes that someday it would be a valuable asset They laminated the ticket (after discussing with the asst manager that I was really happy about this because of its future value) and she ruined in she told me that she did not realize that it should not be laminated but did it anyway. Called the Fed ex customer care and they told me manager of the store would be in touch
I called him after a day or so and he said he did not know what could be done and would speak to the company I have not heard from them and this is something that cannot be replaced do I have any kind of recourse? they are on ebay right now for various pricing
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
It would be a difficult case to win. You could only sue them for the value of the ticket as it exists today, not the potential future value of the ticket.
In addition, one of the main issues I can see coming up is that while the ticket was ruined, it was ruined doing exactly what you asked them to do, therefore it would be hard to convince a judge that they were negligent or breached a contract.
You could make the argument that they should have known what materials can and cannot be laminated but I don't think a judge is going to hold an employee at Kinko's to the standard of having to determine what the composition of a material is when a customer asks them to do something with it. It's possible, but I think it is unlikely.
You might want to try getting a local lawyer to send a letter to their insurance carrier and try to get a settlement for the value of the ticket as they are currently being sold on eBay or at a sports memorabilia store. That should be a relatively inexpensive thing to get a lawyer to do (if they even charge anything) but this is not the kind of case you want to invest a large amount of money into because I think there is a very small chance the court is going to impose a duty on the employee that would be required.
In addition, Kinkos used to have you sign some type of work order when you got anything done and on the bottom of that work order was a "waiver and release" whereby you agreed not to hold them responsible if something was damaged. I don't know that they still do that or if they did it in your case but it is another thing to consider because courts tend to uphold those.
I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news since I have no control over whether the law is in your favor or not.
Customer: replied 2 years ago.
yes they were supposed to have me sign a release but they did not thanks for your time
Expert:  Dwayne B. replied 2 years ago.
You're very welcome.
I didn't mention it above, and I don't know the value of the ticket, but if it is something you decide to pursue and can prevail under a breach of contract theory then you can recover the fair market value of the ticket and your attorney's fees as well. You couldn't recover your attorney's fees just under a negligence cause of action because the law doesn't allow for attorney's fees under negligence.