Mieske v. Bartell Drug Co.

Rule of Law:

For destroyed personal property that has no market value and cannot be reproduced, the measure of damages is its value to the owner, excluding sentimental value. A boilerplate clause limiting liability in a consumer bailment contract may be found unconscionable and unenforceable, particularly where there was no negotiation, and the consumer was not aware of the clause or any relevant trade usage.

Facts:

• Over many years, the Mieskes created home movie films of significant family events, including their wedding, vacations, children's activities, and now-deceased relatives.
• The Mieskes had accumulated 32 50-foot reels of this developed film.
• Mrs. Mieske took the 32 reels to a Bartell Drug Co. store, where she had been a customer for over ten years, for the sole purpose of having them spliced onto four larger reels.
• When dropping off the film, she told the store manager, "Don't lose these. They are my life."
• The manager gave Mrs. Mieske a receipt containing the printed language: "We assume no responsibility beyond retail cost of film unless otherwise agreed to in writing."
• There was no discussion regarding the liability limitation clause on the receipt, and Mrs. Mieske was not aware of its terms.
• Bartell sent the film to GAF Corporation for the splicing service.
• GAF Corporation lost the Mieskes' bag of film, which was likely thrown into a garbage dumpster and taken to a landfill.

Procedural Posture:

• The Mieskes (plaintiffs) sued Bartell Drug Co., GAF Corporation, and a janitorial service company in a Washington state trial court.
• Following a trial, a jury returned a verdict for the Mieskes, awarding $7,500 in damages against Bartell and GAF.
• The jury found the janitorial service company not liable.
• Bartell and GAF (defendants-appellants) appealed the jury's verdict to the Supreme Court of Washington.