Fitl v. Strek

690 N.W.2d 605 (2005)

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Nature of the Case

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Facts

In September 1995, P purchased from D a 1952 Mickey Mantle Topps baseball card for $17,750. D represented that the card was in near mint condition. After D delivered the card to P in Omaha, Nebraska, P placed it in a safe-deposit box. In May 1997, P sent the card to Professional Sports Authenticators (PSA), a grading service for sports cards that is located in Newport Beach, California. PSA reported to P that the card was ungradable because it had been discolored and doctored. On May 29, 1997, P wrote to D and indicated that he planned to pursue 'legal methods' to resolve the matter. D asserted that a typical grace period for the unconditional return of a card was from 7 days to 1 month. In August 1997, P sent the card to ASA Accugrade, Inc. (ASA), in Longwood, Florida, for a second opinion. ASA concluded that the card had been refinished and trimmed. P sued D. Steve Orand testified that he had been a sports card collector for 27 years and that he bought, sold, and traded cards. He testified that PSA was a leader in the sports card grading industry and would not grade an altered card because alteration would totally devalue the card. He opined that any touchup or trimming would render the card valueless and that an altered card is worth no more than the paper on which it is printed. Orand examined the card the week before trial and said that the edges of the card had been trimmed and reglued. One spot on the front of the baseball card and a larger spot on the back had been repainted, which left the card with no value. He testified that the standard for sports memorabilia was a lifetime guarantee and that a reputable collector would stand behind what he sold and refund the money if an item were fake or had been altered. P got the judgment for $17,750, and costs and D appealed.