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Fitl vs. Strek Law Case Study
Facts:
The plaintiff -- Mr. James G. Fitl -- attended a sports card and memorabilia show in San Francisco, California, where the defendant -- Mr. Mark Strek -- was operating a sales exhibit. The plaintiff elected to purchase a 1952 Mickey Mantle Topps baseball card from the defendant for a total price of $17,750, which is commensurate with the card's rarity and market value. According to the plaintiff, the defendant had represented the card to be in what is considered "near-mint condition" within the sports card industry. Upon having the card delivered to him in Omaha, Nebraska, the plaintiff secured the item in a safe-deposit box for a period of two years, upon which the plaintiff decided to send the card to Professional Sports Authenticators (PSA). Recognized as the leading authentication and grading service for sports cards, PSA is used by collectors and vendors alike to determine the quality and condition of sports...
After inspection, PSA reported to the plaintiff that his Mickey Mantle card had been deemed ungradable due to clear evidence of discoloration and doctoring. Not more than a month later, the plaintiff corresponded with the defendant to make him aware of plans to pursue "legal methods" in hopes of obtaining equitable resolution to their dispute. In reply to the complaint, the defendant informed the plaintiff that he should have elected to return the damaged card in a timely fashion, in which case the defendant ostensible would have challenged his own source of sale and rectified the situation accordingly. Furthermore, the defendant contended that the industry-accepted grace period for the unconditional return of a card spanned between 7 days and 1 month, meaning the plaintiff had waited too long in seeking redress. The plaintiff then sent his card to ASA Accugrade, Inc. (ASA) in hopes of obtaining a second opinion, and ASA also determined that the card had been…
References
Cao v. Nguyen No. S-98-975 (2000)
Fitl v. Strek 269 Neb. 51, 690 N.W.2d 605
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