Mieske v. Bartell Drug Company
593 P.2d 1308 (1979)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Over a period of years, Ps had taken movie films of their family activities. The films started with Ps' wedding and honeymoon and continued through vacations in Mexico, Hawaii, and other places, Christmas gatherings, birthdays, Little League participation by their son, family pets, building of their home, and irreplaceable pictures of members of their family, such as the husband's brother, who is now deceased. Ps had 32 50-foot reels of such film, which they wanted spliced together into four reels for the convenience of viewing. The plaintiff wife visited D's camera department, with which she had dealt as a customer for at least 10 years. She was told that such service could be performed. The films were put in the order that Ps desired them to be spliced and so marked. They were then delivered to the manager of D. The manager placed a film processing packet on the bag and gave the wife a receipt which contained this language: 'We assume no responsibility beyond retail cost of film unless otherwise agreed to in writing.' The wife told the manager, 'Don't lose these. They are my life.' D sent the film package to GAF Corporation (D), which intended to send it to another processing lab for splicing. Ps were unaware of the involvement of two other firms. The film arrived at GAF (D) and then disappeared. After several inquiries to D, the wife was advised to call GAF (D). After being informed that the film had gone missing and had most likely been thrown out, P sued Ds. D and GAF (D) denied liability. The janitorial service company, which apparently removed the film, was a defendant. The verdict was against Ds but not against the janitorial service company. Ds admit they were negligent, but that the damages should not be $7500 but merely the replacement value of the film. Ds appealed.
Issues
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Rule Of Law
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Holding & Decision
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Legal Analysis
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