What a Whirly-Bird

[@Lilyrose23]

With contracts like that they’re essentially saying “you can put it there for someone to buy but we won’t watch it for you or protect it” it’s a huge risk for something that costs 5k

[@Diva08180703]

Yea man…so so unfair.

[@pastathemechanic7536]

They just did this to exotic car owners near me, 100+ cars on consignment whole dealership disappeared with cars

[@dennissmith7214]

@@pastathemechanic7536 Florida! 🤷🏽‍♂️

[@bradleywills9475]

According to the contract the store owner could just steal items he puts up for consignment and not be responsible. This is ridiculous absolutely grosse negligence.

[@dennissmith7214]

Yup the fact that it’s lost stolen or misplaced👈🏽😳……….misplaced, so legally he could just sit it outside or forget where he put it and he still would be covered!

[@jaynecampbell4396]

That happened to me in a clothing consignment store. The guy went out of business a few months later. A lot of other people had their things stolen and cops were looking into it

[@debshaw680]

I’m sure he does.

[@joshdavis3743]

Glad to see that law degree you have is coming in handy with a clearly spot on nothing wrong statement about the law and its' application.

[@mrsaunders9989]

Just what I was thinking. He could steal everything and never be liable

[@aubreynaarcher8916]

This is absolutely GROSS NEGLIGENCE. To have the counter unattended for that long of a period? C'mon.

[@YoungHaveNot]

Agreed

[@bravo2966]

Leaving a $4,000 item completely unwatched with public access for at least 10 minutes, if that isn't gross negligence I don't know what is! Ridiculous decision.

[@bobberry1463]

Gross negligence is normally when it 100% clear it going to cause harm and you still do it . Since the issue was the worker was on the other side of the store due to being busy that not completely unreasonable

[@Therisktaker3]

Wow how lazy is the detective on the case. To know who has it and not following up to retrieve is ridiculous.

[@ButtonsCasey]

They have an arrest warrant out for his arrest. They don't always have addresses.

[@annmackenzie5253]

No kidding!!! They have his name, and have talked to him on the phone about this, lol!!! And ,SURPRISE, he was supposed to bring it back,but he didn't show up, WTF IS HAPPENING HERE?!?! Detective, ohhh,idk,GO GET HIM!!!!!

[@mathewarapata4472]

by

[@noalei]

That's how it is. Police stations are so bogged down. I got side swiped by someone, got a picture of the guy in the vehicle about 2 seconds after it happened WITH the guy's license plate and the police told me they don't have time to pursue it.

[@michelehemlokhexwhite4310]

@@ButtonsCasey they were waiting for him to bring the goods to the station. They clearly have what he says is his address!

[@thortheimpaler7962]

“I really think I did a good job, it was behind the counter etc” My dude…..it was STOLLEN. The dude just leaned over and GRABBED it. That is the opposite of a good job.

[@humaneleaguelancPA]

Really!

[@DaviesD85]

This same guy left his own store a 5 star review on Google Maps. So shady.

[@DaviesD85]

@Msleelee 'sean kersten [the owner lol] Local Guide·16 reviews 8 years ago This is a true hobby shop. They have everything that you would need. We got lost with all the plastic models and puzzles. We went there to fix our RC car and Arnold was the best very helpful and really knowledgeable.'

[@vicO1323]

It should've been in a locked display case.

[@Jahmai203]

Milian: "And what does this helicopter do?" Plaintiff: "It flies."

[@CharisToTheWheeler]

Me: deceased 🤭😆🤣☠️💀⚰️

[@dianabialaskahansen2972]

Really have no idea why they do not have locked displays when their goods costs so much. And then the sales people can unlock on request.

[@jenniferponsart7780]

AGREED! Walmart locks up much less merchandise in locked cases. I feel bad for the plaintiff in this case.

[@Lady.B0420]

This business owner is a clown. How is he even in business? And he took a month to let the customer know. Just wow.

[@eph2vv89only1way]

Ikr. And would he have even told him if the guy hadn’t asked?

[@DaviesD85]

He even left his own store a 5 star review on Google Maps. Dodgy!

[@eph2vv89only1way]

@@DaviesD85 sadly, that’s more common than people think. Some businesses even hire professionals to leave positive reviews

[@DaviesD85]

@@eph2vv89only1way yeah I know. A car dealership near me sold me a lemon. I returned it and that branch closed down about a year later, the lot is now vacant. It's a nationwide business in the UK. When you went on their Facebook page and checked the profiles for all of their 5 star reviews, every single one had that they worked there publically on display.

[@tnicoletnicole]

Such a horrible law. The store should be at fault. No reason sold items should be on the floor for the public to view. They should have those items put up safely after being purchased.

[@humaneleaguelancPA]

Agree! Really sucks, They should have had this in a locked case or on a high shelf behind the counter!

[@SilverSergeant]

The judge failed to rule correctly. This was gross negligence.

[@Diva08180703]

@@SilverSergeant I agree. So unfair that she didn’t see it that way

[@YoungHaveNot]

@@SilverSergeant agreed. Ridiculous

[@ct6410]

@@SilverSergeant NO, IT WAS NOT. Gross negligence has a fast and hard definition. The judge ruled correctly. You all need to sit down and let those of us who can actually practice law do it, because you’re all morons.

[@Mewse1203]

10 minutes of unattendance should absolutely be gross negligence especially knowing they have a lot of theft

[@tribaldiana1470]

thats true but they cover themselves with that crappy contract. and why would anyone with an overpriced toy like that read that contract and sign it? both of them are at fault. lazy stupid store manager and dummy old man signs a contract and trusts people with his expensive toy? its hard to prove negligence why chance it. they get the dumbest people on this show.

[@JolieUTU]

Wow. That defendant did not give a sh*t about his customers or his merchandise in that store. I hope no one EVER leaves anything of value at that consignment shop. And I still think the defendant was in on it because it was just WAY TOO EASY for that thief to get in and out of the store with that giant a*s helicopter in his possession. I mean, c'mon now...

[@katrinka1SF.BayArea]

I have to agree with the OC. The store lagged in letting the plaintiff know early on about the theft, that the police were notified and they had a video validating with a warrant who the crook was. The crook did "case the joint"; the hobby shop before the theft but the Hobby Shop would not have known about the March theft had the plaintiff not inquired about it in April. So this clearly shows neglect on care of customers property.

[@KennuhWayne]

"Not responsible for loss, theft, or damages." Should be illegal to use that verbiage. The store owners could literally torch your items to ashes right after you sign that contract and you can't do anything about it. Merchants should be required to carry insurance that protects the consumer's items from such instances. $5500 items don't come easy.

[@ct6410]

No, they couldn’t. That’s the difference between negligence and gross negligence. You have no idea what you’re talking about, so shut up.

[@freddaniali]

By law, that is what a consignment is... just like cars where if they steal the car from the showroom floor it is on the owner to have insurance. It sucks but it is how it works. You take a big risk when selling anything on consignment.

[@joshdavis3743]

First off did you hear the part about gross negligence? Secondly, and more importantly is destruction in this sense of the law is not for an intentional act like that of the owner, it is for fire, flood, earthquake, war, alien invasion, nuclear attack, perhaps rioting and or/looting. You get the picture.

[@KennuhWayne]

@@joshdavis3743 I never said I didn't comprehend the circumstances. I don't need an explanation. I was merely suggesting it shouldn't be allowed.

[@joshdavis3743]

@@KennuhWayne Except that verbiage doesn't shield them from being liable if they intentionally set your stuff on fire as soon as you sign the contract.

[@azlemad]

"why do adults have helicopters?" asks the wife of the pinball machine enthusist! 🤪🤪😆

[@somebodywatchin]

I thinks it is gross negligence

[@artistjoh]

I hope this case puts a firecracker under the detective. I suspect the detective involved had the attitude that “its only a toy” but that is one heck of an expensive toy. I hate it when people like the detective allow a voicemail box to become full. It usually means they are happy to let it get rid of callers trying to get to them. No excuse for that, but for some people it is virtually a permanent situation. As I said - firecracker needed here.

[@eph2vv89only1way]

You know it will! I just hope we get updated if the perp is caught

[@youmakemelaugh1797]

Wow that's just crazy they should have more secure cabinets for expensive items!!

[@helterskelterr]

Agreed if it was $5000 in gold they would have locked it up

[@DBDG0499]

Agree, Even Walmart which isn't a High End store has Anything above $20 Locked Up!!! So I was Rooting for the Plaintiff to Win, because that Contract should have been Void after the Proof of Video showing their Store Didn't Properly Protected the Customers Items, Even that should have been Cause for a Refund!!! Then the store will think Twice if they think they're Not Responsible Especially when No One was at the Counter as they should have been if they were supposedly Busy a Person would be there taking care of Customers 🙄

[@SilverSergeant]

I think that clause in the contract does not apply when there is negligence...which there was by the store. The item should have been behind a locked glass cabinet.

[@eph2vv89only1way]

According to Judge Milian and to the Business Law course I took in college 3 years ago, it must be gross negligence to nullify the contract. This was regular negligence, not gross.

[@SilverSergeant]

@@eph2vv89only1way It was gross negligence.....easy access, no monitoring of traffic, no security at all, inadequate staffing. The store failed to provide reasonable security for the plaintiff's property. This was a high dollar item which warranted much more protection than haphazard placement within easy access of a thief.

[@eph2vv89only1way]

@@SilverSergeant I don’t think it was gross. It was placed behind a counter, not just on the shelf. It would be reasonable to think that no one would reach behind a counter.

[@sarahbrower2453]

"The item should have been behind a locked glass cabinet" wasn't in the contract.

[@SilverSergeant]

@@eph2vv89only1way It was in a window....in plain sight.

[@AletavDiary]

Wow, he walked right out.

[@apolloniaaskew9487]

Remote control Helicopters and airplanes are a big deal over in Europe. There are contests and clubs and some models are huge. The hobby shop in my city has someone at the front door at ALL times.

[@flossybeans4714]

I wouldn't leave a thing in that store to sale.

[@journeysalkebulan]

The store employees and owner is absolutely negligent!

[@Bepbo]

The guy at 11:24 is so awesome lol, the look on his face when Harvey turns to the camera, so deliciously smug cause he totally took him off guard.. lol it's perfection 😂 I love it

[@NachoTimelord]

What did he say? I couldn't make it out...but yeah, it's the first time I've seen Harvey be impressed with someone on the street 😂

[@Jahmai203]

Wow. That store is not properly staffed at all. Imagine how many people steal from there on a daily basis.

[@elvickRULES]

He says it happens all the time too. So he knows it’s an issue, but sees no issue how he staffs his store. 🙄

[@jasminemorales5964]

I’d say it’s negligence because the first time the thief was there he noticed the employees did pay much attention, that’s why he came back a to steal it hand got away with it.

[@LeolaGlamour]

My uncle was murdered and the detective says they supposedly know who did it but they’ve yet to catch them.

[@eph2vv89only1way]

My condolences. (((((Hugs)))))

[@lexiesierra9673]

Thank you Judge Milian!!! She fights for justice with her whole heart ❤

[@SilverSergeant]

The store should paid the guy vs having themselves exposed on national TV.

[@joshdavis3743]

Really, you think so? I think their loss of business will be less than 5,000. Plus I assume he received some compensation to come on the show.

[@elvickRULES]

@@joshdavis3743 depends how many people watch from this area. I wouldn’t risk it. Plus it advertises how easy it is to steal there.

[@thankyouforincorrectingme]

I adore JM… she could've left the plaintiff to his own devices, but instead she has her staff help him. What a lazy detective and shitty circumstances.

[@lorddorker3703]

"There's an ongoing investigation"... As opposed to what before?

[@elvickRULES]

Brushing it off.

[@annward4149]

If people can steal that easy. Don't go to this business to sale or buy items.

[@Adrianlover89]

Even with the contract, the defendent could have paid for it. It's the moral thing to do.

[@AAWien]

leaving the front desk unattended for 10 mins is not grossly negligent? wtf

[@eph2vv89only1way]

Now that a judge - and a famous one at that - is involved I GUARANTEE that the detective will be working a LOT harder on this case!

[@paulonorato7501]

This law in unjust. The store should be liable. It's in their possession. Period. Who comes up with these laws. I don't agree.

[@marilynwillett804]

Of course.

[@JeremiahLOsborne]

The plaintiff entered into a voluntary contract. Nobody held a gun to his head. He should have read the contract and understood that if they lose it, damage it, or it gets stolen, they are not responsible. The plaintiff agreed to it. The law is perfectly just.

[@kellytaylor6651]

What law? This is a contracts case.

[@brianliscum6905]

Then don't leave it there simple 😜

[@brianliscum6905]

@@kellytaylor6651 contract law

[@hanaj]

4 grand is grand theft. Why didn’t he sue the guy who stole it?

[@getin3949]

DUH!!There is a warrant out for his arrest.

[@eph2vv89only1way]

Because he hasn’t been caught yet. I’m sure he will sue as soon as it becomes possible

[@hanaj]

@@getin3949 duh you can sue someone before they are arrested. You can sue someone even if they never get arrested

[@getin3949]

@@hanaj Good luck with that

[@bluebutterfly244]

Don't display cases stay locked typically? Seems a bit negligent on the store's part in my opinion.

[@njh4473]

The store owner has insurance and should have put a claim in to pay the plaintiff, I wouldn’t buy or sell anything with this store with that kind of attitude of I’m not responsible.

[@dawnconquest7654]

Thank you for keeping me happy The People's Court 😂!

[@rn6710]

[@mysticaccy]

that is a crappy clause... what happens if a staff steals and cuts off the cctv...

[@motorcycleman3470]

Sounds like a good place to go to pick up anything you want and take it out the store without paying

[@ebonypegasus9864]

to me it was gross negligence as the item was really LARGE and obvious. How could they not see a guy just pick it up and walk out with it?

[@jesseleighmiddleton2111]

I don't even need to watch this to know that the right thing to do in a situation like this is to pay the person what they would have gotten on consignment ..... When you put something on consignment in another person's shop only get a percentage anyways why can't the man who shop it is just pay out that percent how hard would that be for him to do? It's the right thing ....

[@AndukeMTGEDH]

The store was negligent. They don't want to be held responsible, but they took possession and have duty of care

[@leftofloss.]

They had no liability of anything in their care, per the contract.

[@juliechere403]

I agree with the plaintiff on this one!

[@faznout]

It's nice that the judge still helps people after the court case is over, especially when she doesn't have to.

[@susannah1948]

Store owner is sloppy……he said it was busy - there was no one there……..!

[@nekea93]

I love her 🥰 "It is a no BUT we going to help you because it is ridiculous."

[@renaldorobertson3199]

I watch this show, like I pray. It’s so entertaining. Judge Milian I love you so much. I hope u have a strong happy and healthy life.

[@jessicanelson1975]

The store owner paid his employee or family member to come in and act like they took the plane just to save his butt cause he know the contract says NOT RESPONSIBLE FOR THEFT and I believe that the woman is not a real detective.

[@georgechilidis8446]

This was a set-up , he know the exact place behind the counter, and just walks out in a big store at 3 o’clock 🫣

[@humaneleaguelancPA]

Yes, I think so.

[@hawkeye-san]

What a chill shopkeeper ..😹

[@journeysalkebulan]

I would never have signed a contract like that!

[@Lolalenice]

Hope nobody does business with that guy ever again I would’ve at least covered half the cost just out of good faith what a crooked business owner I know covid kicked his business in the ass #karma

[@DaviesD85]

He also left his own store a 5 star review on Google Maps. How many of his 5 star reviews were from employees I wonder? Shady as fuck.

[@piggykhan]

The face the plaintiff gave the guy when he turned and walked back to his spot after sniffin Milian. TAKE THAT🤣🤣🤣

[@glamgirlkass]

this is so unfair .. why are companies allowed to make such one sided contacts ..

[@lashundavis156]

PC family i wish we can make it to the audience one day I'll have the best facial expressions😂😂😂

[@kimboslice9646]

🤣

[@michelehemlokhexwhite4310]

Love the way that despite JMilian wishing she could rule otherwise, always going with the law, and explaining why she must, while also showing her emotional reaction to a case. She's incredibly smart re human motivation, and masterful with law.

[@ebonypegasus9864]

Why haven't the police arrested the guy? They have apparently talked to him... there is video evidence of his guilt... why is he not in jail?

[@debshaw680]

If that’s not gross negligence, I don’t know what is. On both the part of the store and the police force. They should have said the name of the department AND the detective.

[@mariafalade1158]

That detective should be fired, or penalized in some way, because of her negligence.

[@susanstribe4914]

Sorry. This is negligence

[@eph2vv89only1way]

The judge said it was. It just wasn’t GROSS negligence

[@billybbadmollyholly7927]

Should go back further in their videos and see if the chopper was shown to the thief earlier that day?

[@getin3949]

What good will that do? They still don't have his name or address.

[@patim5953]

The owner said the thief was in earlier looking at it with an employee so he knew what he wanted and where it was.

[@DaviesD85]

They said during the case they knew who he was as he was in the previous day looking at the helicopter.

[@katrinka1SF.BayArea]

The store lagged in letting the plaintiff know early on about the theft, that the police were notified and they had a video validating with a warrant who the crook was.

[@kijanailis]

Just put some glass and locks behind the counter...

[@MelissaRae1975]

As she was reviewing what the shop owner didn't do that sounds like gross negligence 8:56

[@Monipenny1000]

Hold on, so the law says one thing but a contract says otherwise. I am not a lawyer but I thought you as a business owner can NOT make anyone sign away their rights or waive their rights when the law says otherwise. Am I missing something here? I disagree with the Judge's decision on this one. The owner was negligent in my opinion.

[@Mocharocks9966]

Wow that’s so crazy that none of the employees were aware of this man literally walking out with a BIG helicopter. Gross negligence!! There should always be someone at the counter or the door . I can tell this gentleman ( plaintiff ) is from Massachusetts. I would love to walk into this store if I can find it and see what the scene is like .

[@LawsonPatterson]

I would never do business with this shady, it’s not my fault, business owner. The guy just walked in and walked out with it, without one employee anywhere in sight. Ridiculous!! It sounds like the detective is just as irresponsible as the store owner.

[@DaviesD85]

He actually left his own store a five star review on Google Maps, so shady.

[@isaacmanuel6505]

The Walmart I shop at takes more precautions to prevent the theft of 4 dollar shaving cream and 5 dollar safety blades than this defendant takes in protecting thousand dollar items, I hope other sellers watch this and think twice before leaving something on consignment at his business.

[@ozarksfarmerhansen8782]

Never been in a store where you can walk out with a product through the front door and nobody sees ya.

[@elvickRULES]

I’d say it’s gross negligence. The guy mentioned how people steal a lot of stuff on busy days, he probably runs his store on a skeleton crew to save money, he doesn’t lock up expensive merchandise (especially when it’s not even his own). All someone had to do was lean over and grab and it’s gone. That’s ridiculous how easy it is to steal something so large. He needs more employees but he’s a cheap ass. I hope he’s out of business.

[@kyoto32001]

defendant is right. he needs to sue the thief.

[@damnnerves24]

I’d be hotter than fish grease, but I wouldn’t sign a contract with that language! Especially for such a valuable item. Tough break for plaintiff 😟

[@victoriaEish]

I think the best part of this show is, Judge Miliani explains the laws of everything so clearly that anyone that goes to court not knowing what the hell is going on legally out there by way of what is the law and all the little corporate loop holes….they are completely inept. Read your contract, GET a contract, have receipts, proof and research your own case before she slams you down dumbass. I love her. I want to go to her house for dinner. What a trip that must be!! Best wishes to her forever!

[@Mimi197-f2z]

WRONG and WRONG>>

[@briand1025]

This one irritates me. Clearly gross negligence. This isnt “ordinary standard of care”. Go to any retail store and ask where their most expensive items are, they’ll be in a case, or have a security tag. Heck they even keep razor blades and cosmetics under lock and key! This was a 5500.00 item! And, if for some reason locking things up isnt feasible, nobody would leave an almost 6000 dollar item easily accessible and unattended for ten minutes. This is gross negligence, and nobody got fired because they guy didnt care, you could tell. Why? Because it wasnt HIS 6000 dollar helicopter, it was someone elses.

[@C3yl0]

When I watched the video showing how the item was stolen, it gave me the impression that it was an inside job. Very suspicious!

[@naigepippens1622]

...That was sooooooo effed-up!!!

[@fernandofffff]

Is there a definition for gross negligence? Because that's pretty gross.

[@eternalgravity]

I think it's weird a small business owner is so....unalarmed by constant theft. Big businesses can absorb that...little ones not so much. Seems sketchy to me. I wonder if the thief had a buddy helping him. Worked retail for years. One of their favorite thing to do was bait and switch, especially at peak business hours. One would get the item ready for theft (say, put a lawnmower in a buggy) and another would distract the employees. Say have a bunch of questions or lead you away from the door. And boy are they quick. I thought of consigning some horse tack....but I've heard tons of horror stories and read a few contracts. Noped out of there.

[@AT-jm4dl]

The defendant said that "it was a busy Saturday." Uh, the store looked quite empty except for the three people in the video.

[@motorcycleman3470]

I don't know how they stay in business with everybody stealing

[@krisrogers2798]

that was nice ov her love the judge

[@tkilecalistyle2610]

So if the owner decides they like something they can just claim something is stolen and the person is screwed. What a load of crap.

[@sarahbrower2453]

How we know the owner didn't set this up themselves?

[@DaviesD85]

After seeing that he left his own store a 5 star review on Google Maps, this wouldn't really surprise me.

[@sophieandwayne]

Wow! Anyway what good is the helicopter without the remote? Just saying….

[@susanchadwick7763]

I have news for you all: I work in retail and people steal right in front of me all the time, but we are living in a day and age where you can’t say anything to anyone, because they’ll get offended. I’ve literally watched people do it in front of my face.

[@kydrasims9734]

I don't feel like its negligence because there are cameras that caught the guy. Employees should not be confronting thieves.

[@passerby107]

Crappy call judge M. Absolutely gross negligence. I know they should, but who ever reads the entire contract. Judge M. pulls out her magnifying glass to be able to read half of these contracts for goodness sake. Ten minutes, are you kidding! No one will get fired or even called on the carpet to explain why. Bad judge!

[@sonquatsch8585]

i think it was gross negligence. not enough staff, no alarm sensor, staff in attendance nowhere to be found. each of those items alone would be negligence, all of them together= gross negligence. for me the plaintiff wins. in what universe are you able to walk into a store that sells expensive rc equipment and then someone successfully is able to walk in and walk out with this 5.000 buck machine barring armed robbery. nope to me it easily screams gross negligence. i'd have definitely given this to the plaintiff.

[@vivianpatton5692]

WHAT ? He said NOW there will B a investigation , so nothing was going on in till they contacted the cops Again .

[@StevenDoh]

I mean she's super unrealistic with theft. It takes all 1 min to take something. If it were that easy with having extra employees to prevent theft there wouldn't be any.

[@lorrainegaughan3317]

Feel bad 4 both of them :(

[@mckinneymindy]

Bad buisness to not help this man out. His shop will have a dark cloud over this.

[@SweetCammieEyes1]

Dude just got on TV saying people steal from my store all the time so 🤷🏽‍♀️🤷🏽‍♀️🤷🏽‍♀️

[@DaviesD85]

It's permanently closed now. Might have changed name or ownership but I think it's funny that the owner who appeared here on People's Court also left his own store a 5 star review on Google Maps 😂.

[@arianefr78]

I can't believe that someone can create a one-sided contract and get away with it in court. That contract basically says, 'thanks and screw you'. A contract is supposed to protect both parties, not only the one who wrote the contract, otherwise what is the point of the contract? Once again the judge is wrong, this is gross negligence, because what exactly did the shop do to prevent any theft, there was nobody around, nobody at the tills, and it wasn't locked away and it didn't even have an anti-theft device attached, so for an item that is worth $4000 it wasn't sufficiently protected, so to be so easily stolen, that to me is gross negligence...

[@ms.aberrant6448]

Gotta read the fine print😭poor old dude.

[@bobtaylor3945]

U gotta make so u read that contact good before signing in,u gotta pay attention to what it says

[@roybrown4944]

Lol, tied to his chair.

[@YvonneNonYa]

This is super shady a 5k item stolen a huge item really feels like a inside job how did no one see him walk out with a 4ft plane smh