Legal Question in Consumer Law in Florida

I had 2 8 millimeter movie films in my possession since 1959,they contained film footage of my mother and her funeral mass when she passed away in 1959. They also contained footage of a saint patricks day parade that my sister participated in , little league games of myself and cousin when we were little toddlers. Ive had these since 1959. They are irreplaceable.. I took them recently to cvs pharmacy to have them make dvds of the 2 films. I was shocked to get back a dvd of 3 young gentlemen drinking and smoking in a bar in the basement of someones home. I was in touch with the compny that does the dvds for cvs as they send the films out to a vender for conversion. I informed the vende that the dvds they made from my films was of persons unknown to me. That vender the following 2 weeks sent me another dvd Again the charcters in the dvd were unknown to me and now that vender says they cant locate my origianal 2 films. do i have a case to sue CVS.Personnal grief over these films of my mother ( irrreplacable) Are worth $50,000 to me in personnal lose and grief to forget the matter, please advise.


Asked on 1/02/11, 5:15 pm

2 Answers from Attorneys
Shelly Schellenberg MI & FL private practice

While you entrusted these films to CVS, it's not likely that CVS guaranteed that the film would not be lost or ruined. Even though the films have sentimental value, and are "irreplacable", they are not "worth" $50,000. While CVS may have been negligent in choosing an irresponsible company to transfer the films, most developing services limit their financial liability to the replacement value of the film. Otherwise, every roll of film and package of photos that goes missing would be worth a million dollars to the unhappy owner. The three guys drinking would no doubt agree that their footage was a million dollar film. Instead of "forgetting the matter", stay in touch with all of the parties involved, hopefully your films will turn up.

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Answered on 1/07/11, 6:25 pm
Angelo Marino Angelo Marino Jr. PA

You need to look at the agreement you entered into to determine if your damages are limited.

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Answered on 1/09/11, 8:49 am


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