Family business wins two trials, now faces a third

“I know what it feels like to sit in a jury trial and see your life being auctioned off to the highest bidder.”

Steve Arnold · Peachtree Pest Control · Atlanta, GA

 

“Everyone deserves their day in court,” says Steve Arnold, the owner of Peachtree Pest Control in Loganville, Georgia. “But when is enough, enough?”

He’s referring to a fourteen-year long ordeal that forced his small, family owned business to endure a lawsuit, two trials, heavy legal expenses, and endless hours of wondering whether his business would survive.

It all began in 1996, when Steve was informed of an individual claiming they got sick due to pest control work done by Steve’s company. He investigated and found that the individual worked nowhere near where his technicians had performed their work. Despite this, Steve’s company was sued by the individual.

After going through a full trial, a jury found against the plaintiff and absolved Steve’s business from liability. The plaintiff refused to concede and appealed the verdict.

Five years later, after a second trial, a jury came up with an identical verdict: Steve’s business was not liable.

But the story still isn’t over. The plaintiff is threatening to appeal the second verdict and seek a third trial, which Steve could avoid by settling with the plaintiff for $500,000, despite the fact that his business did nothing wrong.

In addition to the endless hours and numerous legal expenses associated with going through multiple trials, the uncertainty created by the lawsuit has made it hard for Steve’s business to plan for the future or contemplate expansion.

“You’re unable to do anything during that process,” Steve says. “It ties you down so much.”

And leaving aside the obvious economic costs of going through fourteen years of litigation, Steve mentions the emotional impact of having to sit through endless legal proceedings where his business’s hard-earned reputation is dragged through the mud.

“It tears me up to this day,” he says, “sitting there thinking that everything I built is on the line.”

 

347 Comments

  1. Lou Walker said on January 1, 2011 at 1:51 pm #

    For this case to be able to appeal 2 times, they must have had a poor attorney and had poor judges that allowed errors in their favor twice. A plaintiff cannot just appeal because they don’t like the verdict.

  2. Erica Feist said on January 1, 2011 at 2:12 pm #

    Steve, DO NOT SETTLE. You held on this long, Have Faith, Do Not Fear, If You Go to court a 3rd time & Lose, You would have not handed the Devil your stuff on a platter, BUT KNOW< YOU WILL NOT LOSE! You Will Win. Give It To God & Do Not Let yourself worth and goodness be robbed. The Devil is a pursuer, he works to steal, kill & destroy anybody. Don't you Give in or up. He wants you to give up that's why this is ongoing, trying to beat you down. Don't think or say, How long, Say You will never defeat me or take what is mine. that's his M.O. He's a THIEF. If you give it to him he no longer is a thief 7 you are an accomplis helping him to take from you. Don't get weary, Hold on, you've done so this long, why stop fighting the evil done to you now, this is not the time to get weary, gird yourself up qand fight your best fight…Change is coming,In your Favor; just when you give up that EVIL Person wins, they have nothing to lose for hoping and preying on your company to get money, they are figuring & counting on weighing you down so they hope you give up a 3rd time. You've come through thus far after 14 years, give it to God, do Not Lose Faith Or Fight, God has had your back and you will win!!! Everything IS NOT ON THE LINE!, You are in a test and a Battle, Do Not Give the enemy NO Ground, even Daniel had to wait while the angels fought demons to get his requested blessings through(remember and know, God answered his prayer the moment he prayed it)Do Not Give UP! Go Forward and Let God, Denounce the evil and You keep living and doing good, do not despair, hope beyond hope, i am standing with you for your good You will Win Big time, more than just on a financial front. Dear Jesus, I Pray that you would pour out your Strength, Wisdom, Favor& discernment& your Divine understanding upon Steve, his household, & company and faithful employee's. I ask in the name of Jesus, the most high, that you reveal creative ideas and effective methods to Steve; Encourage, and renew his mind, body & spirit man, & Allow all those around him to continue to support in all ways, and not doubt, and enable STEVE & those on his side to be strong in their faith and belief in YOU, LORD GOD, that when you are for them ( and you are) no one or nothing can come against him!!! Trouble the hearts of those that work this evil against him and stop and cease this lawsuit and vindicate him victorious over this situation, that he may know you are God and you have his back,
    Steve, Focus on your blessings, what is good and use your strength to do what you can do, and take good care of you & yours. Give Thanks where thanks is Do & Do Not Fret. Let God Do His Job. Love in Christ Jesus, God's Daughter, Erica Feist This Too Shall & Will Pass.. You Win!!!

  3. Marcia said on January 1, 2011 at 3:11 pm #

    We are a small family business and are experiencing the same type of thing but not by a customer…by our local government. Our ordeal began 10 years ago when we bought investment property zoned multi-family. We did our due diligence and spoke with the city planners about our specific plans. After hearing how our plan was exactly what the city needed and wanted we purchased the property. Immediately after that we encountered one roadblock after another roadblock and eventually ended up in court where we won. Now we are back in court as the city won’t approve our final platt even though it meets all their requirements…”it shall conform to the approved preliminary platt”. We purchased this property 11 years ago as our retirement project. We are working harder now than ever just to stay alive while we pay horriffic attorney fees and gamble in court on the outcome. It seems that everything is stacked against the small business owner. Happy New Year!

  4. graham aistrop said on January 1, 2011 at 3:43 pm #

    The American legal system is a disgrace and I am sick of hearing judges and U S lawyers saying it is the greatest legal system in the World. I am a UK lawyer of over 20 years standing and the British legal system is far more advanced and equitable than the American system with the frivioulous law suits in America being beyond contempt. Steve Arnold deserves a medal for putting up with such a 3rd world legal sytem.

  5. Vicki said on January 1, 2011 at 3:51 pm #

    I think the person suing is very sick mentally and has a shyster lawyer. Can you sue for ruining your reputation and company good name? I am sorry for your pain and loss and keeping you in prayer. GOD BLESS DO NOT PAY!!!!!!!!!!!!

  6. Melba said on January 1, 2011 at 3:54 pm #

    Why doesn’t a judge throw out this frivolous litigation already? The court system is as much to blame for prolonging this nerve wracking situation. A “smart judge” would have seem thw handwriting on the wall and put an end to it. A third trial, come on….why should he settle?

  7. Trudy Sword said on January 1, 2011 at 4:05 pm #

    I feel for this man, if all the information he gives is true. However, what about his insurance company? I would think a pest control company would have to have “insurance.” Presuming he did, and it was the insurance company running his defense, one has to question the truth of everyone, not just the plaintiff. Insurance company “adjusters” are good at directing their insureds in avoiding liability so they don’t have to pay anything. You know, manufacturing false evidence. Truth, justice, etc. are words not even allowed in the Courtroom. Maybe there are some abuses, but the majority of folks these days as in the past don’t want to sue. They just want it fixed. The insurance companies are not giving us what we pay for.

    Don’t buy into the tort reform nonsense. It only gives insurance companies more reason and excuse to record record profits by denying bonafide legitimate claims of people who only ask to have the problem fixed.

    If this poor man’s defense was being handled by an insurance company I would demand to see their file. I would suspect he would learn they could have settled with the girl by paying the medical bills for the issue it created a long, long time ago. If it was a bonafide claim. Genuine claims should be handled and taken care of immediately. Cheap insurance companies create problems for their insureds, not just the people hurt. If this has drug on because of that, if I were him, I would sue the insurance company for bad faith.

  8. Erin said on January 1, 2011 at 4:50 pm #

    This is horrible! How long does this company have to be held hostage by this plaintiff? Can they counter sue? I certainly would!
    This plaintiff is using the court system to legally extort money from this company! Can they take it to their state supreme court?

  9. John Duquette said on January 1, 2011 at 5:21 pm #

    This is why we are in the shape we are in this country, Greedy lawers can not and will NOT say to a person after they failed twice to just give the matter up. This has to be a major waste of time. But thats they way it is, You can’t turn the TV on to watch ANY program with seeing some lawer advertiseing to sue some company or someone or whatever. And we the people have become soo obsessed that we go for this with every thing we can trying to get rich at someon elses expense. Like the man said when do you call it enough?????

    Oh well just more greed fueling the fires of this country

  10. Peter said on January 1, 2011 at 6:56 pm #

    My X wife was law suit crazy person she tried to get custody of my daughter back 12 times in 10 years.
    She is paranoid and accused me of so many fabricated things.
    It was all about the money for her as well.
    She has not spoken to her daughter in 5 years.
    I feel for you!
    Be grateful your not marred to her!

  11. Jared said on January 1, 2011 at 7:55 pm #

    I can’t believe that they would appeal it two times! Is there a law which allows a business to get a loan from a bank after a verdict has been reached? It makes me not to even start a business- to see it taken away from me in court. I feel for this family they really are affected by lawsuit abuse. I hope that lady doesn’t get a dime!

  12. jimmy said on January 1, 2011 at 8:09 pm #

    Who are the funding members, by individual name, of this website/org? The front stories are always these “tear-jerkers” about “the little guy” getting beat up. Two things are facts, however. 1.In order for there to be an appeal, a judge has to find a mistake or new info on the case….one can’t simply decide to appeal 85 times. 2. Groups today often are devious in nature. Large companies bankroll efforts to get public support for legislation that benefits large companies and harms individual freedom. If you are maliciously harmed, the law prescribes an antidote. Instead, large companies would rather knowingly do harm, then tell you “go away”. They often hide in fine print, demands that you NOT be able to sue, but go to arbitration. The “arbiter” is typically WILDLY biased toward the company….THAT’S THE PURPOSE. Don’t allow anyone to trick you into giving up your rights! Oh yeah: sorry, but I’m not a lawyer nor have I ever sued anyone.

  13. Alice Kravitz said on January 1, 2011 at 8:22 pm #

    I was told a plaintiff had to post a huge bond to file an appeal, and pay the defendant’s legal fees if they lost. How could a working woman possibly afford that? Who is helping her financially? Her legal fees must rival the defendant’s fees.

  14. G.F. "Hookman" Brown said on January 1, 2011 at 8:40 pm #

    There is obviously much more to this case/situation than you are providing.Where are the rest of the details of this case?Details such as the other side’s story?Details such as the basis for the ongoing appeals?You are providing just enough information to make your readers believe that this company is a victim and that the ONLY solution is to drastically change our legal system and our tort laws.Nothing could be farther from the truth on either account.You would have us believe that the only solution to this ONE problem is to destroy the legal rights of ALL citizens.
    Again, NOTHING could be farther from the truth.
    You should be ASHAMED of yourself.
    G.F. “Hookman” Brown
    Houston, Texas

  15. Dave Clark said on January 1, 2011 at 8:52 pm #

    It is a sad day when the legal system who has already held two (2) trials for this company and the jury in both cased found against the plaintiff. What needs to be done is for the judge (and for that matter the chief judge or even the Georgia State Supreme Court) to tell the plaintiff that if he/she moves forward, he/she will (if plaintiff is found not liable) will be required to pay ALL LEGAL EXPENSES 50/50 (including his lawyers fees) with his lawyer and bar him from proceeding any further.

  16. PJ said on January 1, 2011 at 9:41 pm #

    First of all I think it is important to turn to Christ in prayer. Asking Christ to help you in whatever it is that you should do next. Ask God for Guidance it might be that He would want you to speak directly with this woman and put it on her heart what she is doing which is so wrong. If this does not work, maybe you should think about counter suing her for slander. What ever the outcome I will pray for you that Christ
    will put it on her heart and convict her of her wrongdoings. Bless you. PJ

  17. George Beveridge said on January 1, 2011 at 9:43 pm #

    We need judicial and tort reform in this country NOW! As a fellow American I support you and your family Steve.

  18. jim said on January 1, 2011 at 10:16 pm #

    You are wrong – we need lawsuits to keep the corporations in check. It’s the last defense we(the public) have. We must keep lawsuits legal and available. Whose going to defend the little guy? Our congress is too tied to the Lobbyists to care anymore.

  19. Michael W. Ring said on January 1, 2011 at 10:41 pm #

    He could have saved a great deal of money in legal representation with a Pre-Paid Legal membership.

  20. Richard S said on January 1, 2011 at 11:24 pm #

    Steve:
    As a fellow business owner, my heart goes out to you. Deadbeats will always attempt to profit from those like you who work hard to achieve. If you are able to hold your ground and not settle, the deadbeat and their deadbeat attorney will not profit from your hard work. Unfortunately, the cost to not settle can more often than not be more than settling. Its a call only you can make. I really hope they dont see a dime of your hard earned money in this case where you are the real victim.

  21. Matt said on January 1, 2011 at 11:58 pm #

    Explain to me how this is abuse??? Just because he said he didn’t do anything wrong does not make it true. The first jury’s verdict was obviously nullified because the appellate court determined that an error was made by the trial judge that could have improperly influenced the jury. The plaintiff has every right to appeal again if he feels the trial judge made a material mistake that affected the verdict. If the trial was fair then he should win the appeal and he doesn’t have to go through a third trial. If the verdict gets reversed again then the appellate division has decided that the plaintiff still has not received a fair trial. In my mind there is nothing wrong with that.

  22. Julie OConner said on January 2, 2011 at 6:27 am #

    so sad.. Our US of A is no longer the things people sang about alll these years!. The land of the free is now the lan of the sued and of the oppressed! So sorry for the ones trying to be dignified and run a well oiled business that truelly brings the goods to the consumer. The consumer has been programmed to sue us! so sad. God’s blessings on you and yours! Julie In Las Vegas

  23. Shelby Renee Pringle said on January 2, 2011 at 8:21 am #

    After watching the video, this situation seems more like extortion than a legitimate claim. If they are willing to “Pony up” some money, the person will not attempt to sue again? Excuse me? That’s extortion!! I hope this company turns around and sues that person for their legal expenses. After winning their case twice, I think they have very good grounds to say this is a frivalous lawsuit. If they had really made that women sick, I would have zero sympathy for them. But they’ve won two cases. I’d say they ARE innocent and have proven it in court TWICE. Enough IS enough. Sue that women for damages!!!

  24. Janet Brown said on January 2, 2011 at 9:36 am #

    Just keep fighting…when it is over THE FAT LADY OR GUY WILL SING…STAND UP FOR YOUR RIGHTS…AND COUNTERSUE….AND GO HIGHER TOWARDS THE PLAINTIFF….AND THEN WATCH AND LEARN…..I AM A PARALEGAL.

  25. dr ray said on January 2, 2011 at 9:36 am #

    abuse of power, steve is right

    i used to be a small business owner, too. i had a similar situation. my company went under after 15 years of blood n sweats.

  26. Boo Baker said on January 2, 2011 at 9:55 am #

    This is why I have always said that a simple law that says if you sue me and you lose then you automatically pay my attorney fees and court cost , would stop these rediculous law suits. That is why I will not vote for an attorney for congress , they make the laws to benefit them , not the people.

  27. MegaMouse said on January 2, 2011 at 2:15 pm #

    the seciond judge should ahve looked at teh transcripts from teh first trial and summerarily dismissed it. This is pure lawsuit abuse adn the one doing it needs to go to jail.

  28. david hoskins said on January 2, 2011 at 3:25 pm #

    i know how this man feels. i am a business owner and i was sued in much the same manner. i had done nothing wrong, but the people sued just because they could. it cost me $40K and nearly half of that went to the attorney. something needs to be done about this. it is a crime that people can do this sort of thing with no consquences to themselves.

  29. Linda Christianson said on January 2, 2011 at 5:34 pm #

    I think this is awful

  30. Barbara said on January 2, 2011 at 5:55 pm #

    WHY is this sense less suit being allowed?

  31. Kevin W Jones said on January 2, 2011 at 7:01 pm #

    Lawyers and there frivolous lawsuits are the reason this country is where it is at today. we are so paranoid to do anything and without small companies we would fail to exist. This lady should be forced to lose something, right now she has nothing to lose, do this make sense?
    Could this be a larger corporation fueling this person to keep up the pressure to lessen there competition. Or perhaps the insurance companies looking to recover monies lost?

  32. N Roth said on January 2, 2011 at 7:17 pm #

    Isn’t there a “Litigious Nuisance” counter suit available to him?

  33. miriam kairey said on January 2, 2011 at 8:02 pm #

    I totally agree that it is an abuse and a travesty. People take advantage of our freedoms to profit. Appeals should be limited to one. In a criminal case if you are aquitted there is no double jeapardy. People should not have to suffer triple jeapardy in a civil case.

  34. Miles2Go said on January 2, 2011 at 11:04 pm #

    When the economy is bad everyone suffers. Everyone is looking for money, in this case the judge who should have not allowed any appeal on a case thrown out and the lawyers. Don’t they have anything better to do, oh wait this is what they do; make it so hard to want to start a business just because of this type of dung, then they have the audacity to defend it knowing the person suing is in the wrong.

  35. Kathy Rivera said on January 3, 2011 at 12:13 am #

    As a small business owner, I feel for you. These things should not be allowed. The judges should be in the position to not let the appeal go forward. Whats wrong with these judges?

  36. Joe Chandler said on January 3, 2011 at 3:57 am #

    The worst problem that comes with freedom is majority rule comes into effect. A world ruled by truth can, or will not exist as long and humans are in control, 2 of the three governing laws of humanity are greed and pugnacity….humans are greedy and like to fight so world peace will not exist until man is strong enough to fight his inner-workings…I wish you the best of luck peach-tree, and the saddest part is it is luck not justice that our world is run upon…

  37. Debi said on January 3, 2011 at 9:23 am #

    STEVE…DONT GIVE IN TO THIS IDIOT. he already lost twice..they found you not responsible twice…..How many times can it be allowed to go on….come on $500,000 for him getting sick? people who are critically injured and/or seriously injured dont even get that much….the only people getting anything out of this are the attorney’s….I know it is hard..but keep up the fight…dont let that idiot win…..he is only looking for a free ride……

  38. Alex Ang said on January 3, 2011 at 5:38 pm #

    QQ more, LOL

  39. Bill said on January 3, 2011 at 6:07 pm #

    This is unbelievable. Talk about abuse!!! …more like fraud or extortion!!! When is enough, enough? How many times can she keep suing for the same incident?

  40. M. said on January 5, 2011 at 8:56 pm #

    Hard to comment without hearing the other side of the story. Usually, each party represent themselves as the victim. He/She who makes a personal judgement or gives opinions without clearly hearing the other side of the story is making a big mistake and would not be right. So, I would not want to make the same mistake which would be unfair to the other party. All we have right now is a lop-sided story – incomplete. I cannot portray Steve Arnold as the victim with only half of the story presented here.

  41. Juanita Moser said on January 6, 2011 at 1:11 am #

    I think that this is a shame. My daughter has a legitimate reason to sue a large and powerful company and no attorney in Lancaster, PA will go against them. Here this person was not found believable not once but twice by jury members of peers and is still trying to get monies that they are not entitled to. This person must have money already to be able to afford an attorney this long, because they don’t come cheap and they are not winning any money for their client so they can get paid.

  42. Angela said on January 6, 2011 at 6:33 pm #

    This sickens me. I’m deeply sorry for the hard working, tax paying small business family. I know there are Laws against these lawsuits. Why don’t you sue this individual for mental abuse, along with slander, and many other things. You have a right to take him to Court too. Maybe give him a dose of his own medicine. If there are too many cases going on, he may drop it. Sadly, we are in this problem of lawsuits for ONE reason. ATTORNEYS. They are all after one thing…MONEY.

  43. Frank Drummond said on January 6, 2011 at 6:34 pm #

    Frivalous lawsuits and the fear thereof has
    put a major damper on business growth.
    Let us put a stop to it.

  44. Charley Igo said on January 6, 2011 at 7:48 pm #

    Plain and simple blackmail .You get sick, I get sick, but for $500,000 they won’t be sick?

  45. CMS said on January 6, 2011 at 8:34 pm #

    Wow…unbelievable. I will pray for Steve, his family and his business. He should not have to pay a dime and should COUNTERSUE for everything he’s spent on attorney’s fees to date. Don’t sit back and take it. AND the court should impose a fee for abuse of the court and it’s employees. God Bless

  46. dawn said on January 6, 2011 at 9:19 pm #

    I think our leagal system is just crazy. I dont think that people should get away with going back 3-4-5-6- on and on times to court until they get what they want. I think this is where our system fails. They need to do something about this. Face it buddy your not getting free money here move on with your life.

  47. paula said on January 6, 2011 at 10:22 pm #

    I think that in the case of real damage a suit is fine, but to appeal and appeal is not. If I were harmed or while doing business harmed someone else I could expect to see they suing me N I WOULD WANT MY EXPENSES FOR ANY DAMAGE TO ME EXTREME RightSourceRx.co NO BUT WHAT I WAS OUT FOR THE DAMAGE.SO HOW ABOUT A LIMIT ON THE DOLLAR AMOUNT TO WHAT YOU WERE TRULY OUT AND SAY 10% FOR ANY PERSONAL.. Unless it was a criminal act by an employee such as assault or rape then I’d have to say, I would look into whether the company did the proper screening etc. and disclosure to me. I’d file crimmial and depending on the case sue or not. People should have that right and companies do deserve some limitations to the number of appeals and dollar amount AS WELL AS PERSON WHO SUES SAY A BIG COMPANY LIKE WAL MART THEY DESERVE NOT TO HAVE THEM DRAG ON ON ON EITHER. THERE HAS TO BE A MIDDLE GROUND.

  48. Glenda Findley said on January 7, 2011 at 12:22 am #

    I will be praying for the gentlemen who own this company. It is frivolous lawsuits like this that have been part of the ruin of this great country. There are so many litiginous people out there. It has caused doctors to stop practicing medicine because they cannot afford their malpractice insurance. Insurance costs go up beause of these lawsuits. What has become of our society that we allow things like this to happen.

  49. David Fitzgerald said on January 7, 2011 at 7:32 am #

    I”m Sorry you have to go through this. God bless. I wish the best for you and your family.

  50. Mike said on January 7, 2011 at 10:19 am #

    I’ve read the GA court of appeals 2007 decision, and it looks like the plaintiff had some valid arguments and won their appeal and the right to a new trial. I suggest you hire better attorneys this time, as it looks like the original attorneys made some pretty bad errors.

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