Wednesday, October 12, 2005
Lawsuit against Prior scheduled for trial
NAPERVILLE -- A lawsuit alleging Chicago Cubs pitcher Mark Prior broke a contract to sign autographs at a suburban store is headed to a civil trial.
Will County Circuit Court Judge Herman S. Hasse on Tuesday set a January bench trial to decide the suit, which alleges Prior left 45 minutes into his scheduled three-hour appearance at a collectibles store in August 2004.
The suit filed last year by Just Ducky Too gift shop in Naperville says Prior autographed only 196 of the 300 baseballs he was under contract to sign and disappointed hundreds of fans, including some crying kids. The shop claims Prior's actions damaged its reputation.
Prior said later that he had been misled about the event, saying he agreed to sign 300 autographs but not to participate in a "meet and greet."
John Schriver, an attorney representing Prior, did not immediately return a phone message left Wednesday.
The lawsuit also names Livingston, New Jersey-based Upper Class Collectibles LLC, alleging the company was paid for Prior-autographed collectibles that it did not deliver.
Upper Class Collectibles countersued the store in November 2004, accusing owners of violating the Consumer Fraud and Deceptive Trade Practices acts. A hearing on the countersuit is set for Nov. 8.
Will County Circuit Court Judge Herman S. Hasse on Tuesday set a January bench trial to decide the suit, which alleges Prior left 45 minutes into his scheduled three-hour appearance at a collectibles store in August 2004.
The suit filed last year by Just Ducky Too gift shop in Naperville says Prior autographed only 196 of the 300 baseballs he was under contract to sign and disappointed hundreds of fans, including some crying kids. The shop claims Prior's actions damaged its reputation.
Prior said later that he had been misled about the event, saying he agreed to sign 300 autographs but not to participate in a "meet and greet."
John Schriver, an attorney representing Prior, did not immediately return a phone message left Wednesday.
The lawsuit also names Livingston, New Jersey-based Upper Class Collectibles LLC, alleging the company was paid for Prior-autographed collectibles that it did not deliver.
Upper Class Collectibles countersued the store in November 2004, accusing owners of violating the Consumer Fraud and Deceptive Trade Practices acts. A hearing on the countersuit is set for Nov. 8.
