July 1, 2008
Local Winner in Regis / Kelly Sweepstakes Sues Claiming London Trip Less Than Royal; No Dinner at Ivy or Night at the Theatre
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Would you like to win five days and six nights at London’s Waldorf Hilton, a guided tour of the city, dinner at the Ivy Restaurant, theatre tickets, a luxury picnic, and tickets to the Tate Britain, National Gallery and Victoria & Albert Museums?
That’s the prize that Huntington resident Margaret Jane Smith won after entering the “Live’s Out of Control February Fantasy” sponsored by the nationally syndicated “Regis and Kelly” series. According to the complaint filed June 23 in Cabell County Circuit Court, the winner of the “#50 the Royal Treatment in London” trip experience a very un-royal vacation in London.
Smith, her husband, son and nine of her closest friends and relatives took part in the trip. However, upon arrival in England, “many of the features she had been promised had been rescinded without prior notice to her.” After conflicting explanations, Mrs. Smith was allegedly told “she would not receive the following features: Dinner at the Restaurant Ivy, followed by a night at the theatre, a luxury picnic in the park, and tickets to Tate Britain, National Gallery and Victoria & Albert Museums,” the complaint states.
The prize and its components had been posted at the Regis & Kelly website.
Smith’s complaint names Igougo, Inc. (a New York Corporation) , Buena Vista Television (Marsha L. Reed) and ten Joe Does for not fulfilling prize obligations. (Although plaintiff filed the case in Cabell County Circuit Court, the defendants are not from the State of West Virginia and may by motion move the complaint to the United States District Court.) Due to the defendants not providing all the promised London activities, the plaintiff had to tell her guests the problem and as a result the guests blame her, rather than representatives of the show itself.
(You can download a pdf copy of Smith’s complaint by clicking HERE.)
The plaintiff seeks a jury trial and in excess of $50,000 from the defendants for alleged negligent misrepresentation, fraud, breach of contract, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Due to the actions of the defendants, Mrs. Smith has suffered “mental impairment, mental anguish and emotional distress, including serious emotional distress of a severe and debilitating nature, anxiety, medical bills, and costs, and loss of capacity to enjoy life.”
Defendants have not yet responded to the complaint.
James R. Henry of Gallipolis, Ohio represents the plaintiff.
EDITOR’S NOTE: A civil complaint lays out a grievance or grievances that one party has toward another and request monetary damages to compensate for the alleged conduct. At the time of filing, for litigation purposes, the plaintiffs statements are presumed true. However, during the litigation process, defendant have a right to present their version of facts. If the case is not settled in either the Cabell County Circuit Court or United States District Court, the jury trial may occur.
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Local Winner in Regis / Kelly Sweepstakes Sues Claiming London Trip Less Than Royal; No Dinner at Ivy or Night at the Theatre
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Would you like to win five days and six nights at London’s Waldorf Hilton, a guided tour of the city, dinner at the Ivy Restaurant, theatre tickets, a luxury picnic, and tickets to the Tate Britain, National Gallery and Victoria & Albert Museums?
That’s the prize that Huntington resident Margaret Jane Smith won after entering the “Live’s Out of Control February Fantasy” sponsored by the nationally syndicated “Regis and Kelly” series. According to the complaint filed June 23 in Cabell County Circuit Court, the winner of the “#50 the Royal Treatment in London” trip experience a very un-royal vacation in London.
Smith, her husband, son and nine of her closest friends and relatives took part in the trip. However, upon arrival in England, “many of the features she had been promised had been rescinded without prior notice to her.” After conflicting explanations, Mrs. Smith was allegedly told “she would not receive the following features: Dinner at the Restaurant Ivy, followed by a night at the theatre, a luxury picnic in the park, and tickets to Tate Britain, National Gallery and Victoria & Albert Museums,” the complaint states.
The prize and its components had been posted at the Regis & Kelly website.
Smith’s complaint names Igougo, Inc. (a New York Corporation) , Buena Vista Television (Marsha L. Reed) and ten Joe Does for not fulfilling prize obligations. (Although plaintiff filed the case in Cabell County Circuit Court, the defendants are not from the State of West Virginia and may by motion move the complaint to the United States District Court.) Due to the defendants not providing all the promised London activities, the plaintiff had to tell her guests the problem and as a result the guests blame her, rather than representatives of the show itself.
(You can download a pdf copy of Smith’s complaint by clicking HERE.)
The plaintiff seeks a jury trial and in excess of $50,000 from the defendants for alleged negligent misrepresentation, fraud, breach of contract, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Due to the actions of the defendants, Mrs. Smith has suffered “mental impairment, mental anguish and emotional distress, including serious emotional distress of a severe and debilitating nature, anxiety, medical bills, and costs, and loss of capacity to enjoy life.”
Defendants have not yet responded to the complaint.
James R. Henry of Gallipolis, Ohio represents the plaintiff.
EDITOR’S NOTE: A civil complaint lays out a grievance or grievances that one party has toward another and request monetary damages to compensate for the alleged conduct. At the time of filing, for litigation purposes, the plaintiffs statements are presumed true. However, during the litigation process, defendant have a right to present their version of facts. If the case is not settled in either the Cabell County Circuit Court or United States District Court, the jury trial may occur.
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