Legal Question in Discrimination Law in Maryland

How much and what compensation?

I am an african-american female with a 1999 Infiniti. I took it in in for service and I was told that there were no loaner cars available. As I waitted for a ride, a caussian man with a 2003 or 2004 more expensive infiniti comes in after me and they find him a loaner car. It was explained to me that he should not have gotten the car, they did not know I was still there and they were sorry. Do I have a case and what should I ask for as compensation?


Asked on 1/04/04, 11:44 pm

1 Answer from Attorneys

Re: How much and what compensation?

This is an interesting case, although I am sure it is more a maddening and frustrating one for you. It is interesting in that it may just have been a mistake - race of course is not always the reason for everything. On the other hand, it may very well be another example of the more subtle racism that we see today. That is, the white male may be perceived as/presumed to be the "better" customer - more able to spend more and therefore more worthy of better treatment, regardless of the real facts. Also, if a white male was making the loaner decision, he is more likely to treat other white males better than either non-whites or non-males. That is a sad fact of human behavior that businesses will probably struggle with forever.

That said, you may or may not have a case, but I honestly doubt you would make much progress without an attorney. If you are serious about pursuing the matter, either call me or another attorney for a free consultation to discuss the facts and see if a legitimate complaint exists. It is the type of case that I and many other attorneys would handle on a contingency basis, so there would be no attorney's fees unless there is a recovery. (There may be court and other costs such as filing a complaint).

As for damages, your actual damages are limited because the only thing you missed out on was the loaner, and that cost is not very high. You therefore would need to seek punitive damages if available (that depends on the facts), and compensatory damages for pain, suffering, humiliation, etc.

If there is indeed a legitimate claim here, you could make a significant demand in the hopes of receiving a settlement without having to spend years in court. This should include assurances that Infiniti will fix the problem through items such as anti-discrimination and race sensitivity training.

In any case, I would be glad to discuss the matter with you and outline your options. Please call at your convenience.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 1/05/04, 1:17 am


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