Legal Question in Civil Litigation in Missouri
Potential Lawsuit
My wife accidentally grabbed a co-worker's keys as she was leaving work for the day. The co-worker tried contacting my wife but she was sleeping. The co-worker called a locksmith which charged $150 to allow her entrance to her vehicle. My wife called her and apologized for the mistake and took her keys back to her the next day. The co-worker is saying my wife owes her the $150 and will take her to small claims if she doesn't pay. I feel my wife owes her nothing as the co-worker took it upon herself to call a locksmith. Does the co-worker have a case?
1 Answer from Attorneys
Re: Potential Lawsuit
"deminimis non curat lex" -- This latin phrase translates to something like "the law does not concern itself with trifles." The woman can sue, and your wife can stand up in court and say "Judge, why didn't she have a spare set of keys. Everyone I know has a spare set. I have a spare set." In other words, there were options other than a locksmith. If I'm the judge, I order your wife to pay half the amount, or I grant her judgment for the defense. But I am not a judge, and no one can predict what a judge will do.
Tell this woman you think it's silly for her to sue you, offer her something for her time and trouble ($25 to $50) and it will be cheaper than taking this to court. If she agrees, you're done with it, and if not, she looks pretty foolish in front of the judge.
Good luck.
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