Consumer Law, Warranties defendant in civil suit

[verrettes]

My jurisdiction is: massachusettes



I have been sued for breach of contract and other mental stress and damages after i failed to arrive in Massachusettes for a small religious concert. I was sick and did not fly up and was told to use the $3000 transportation fee to come on a later date. The organizer changed his mind and has sued for $250,000 . I was was out of the country and did not meet the legal requirements on time. Now an assessment of damages hearing is coming up. the plaintiff's lawyer called me for a settlement. Should I talk to him or hope that the judge is reasonable. Can I write the judge concerning the case while I am in another state? We never had a trial. Can I appeal what the judge decides?

 

[Michael Wechsler]

I have no idea what the situation is but have you spoken to a lawyer? Has the case already been decided in the plaintiff's favor for a default judgment? If so, you need to reopen the case with an order to show cause unless there is just a damages hearing and you agree that you breached your contract. Typically there will not be any "mental distress" awarded for contractual damages although there may be consequential damages and rarely punitive damages in special instances. $250,000 sounds like a ridiculous sum of money.

At this point I don't even know if there is going to be a trial - just a hearing on how much you should pay. I think you should take this more seriously and figure out what you want to do. It's really your decision and don't know why you blew off the plaintiff and also the judge!