Last Thursday, Osaka High Court judge Tetsuji Sato was tasked with reaching a verdict for a lawsuit filed by a man living in Kyoto against Tokyo-based corporation Four Seeds. The man’s quest for his version of justice had been going on for over half a year, and even after the Kyoto District Court where he had initially filled the lawsuit had thrown his suit out, he was determined to keep fighting, filing an appeal which eventually landed the litigation in Judge Sato’s lap.
The Kyoto man was seeking damages of 100,000 yen from Four Seeds, Inc., claiming that he was entitled to such compensation for the mental anguish he had suffered from one of the corporation’s subsidiaries, Pizza-La, a nationwide pizza delivery chain.
According to the man, last December he had ordered a pizza from Pizza-La for a Christmas party he was having with friends. So what foul deed did Pizza-La commit that turned what one would expect to be a fun evening into 100,000 yen’s worth of trauma? They delivered his pizza 52 minutes late.
“The Pizza-La website emphasizes that their pizzas will be delivered on time, so the company is sufficiently aware of the significant impact late delivery can have,” the plaintiff asserted, adding “30 minutes is, in accordance with socially accepted wisdom, the maximum amount of lateness that can be tolerated.”
Unfortunately for the plaintiff, Judge Sato did not see things that way, and went so far as to call the idea that someone could suffer such psychological damage from a late pizza delivery “inconceivable” before repeating the district court’s ruling, dismissing the suit.
Slicing up the plaintiff’s claim like a piping-hot pepperoni, Judge Sato laid out his logic that a pizza order is an exchange of property: money for food. Because of the lateness of the delivery, Pizza-La had already refunded the man’s money, and Judge Sato rejected the idea that he had sustained any mental anguish damages beyond what could be cured by getting his money back (it’s unclear whether or not Pizza-La let him keep the pizza).
The man probably didn’t help his case when, during the trial, he mentioned “I prepared other food items and had my friends gather with the presupposition that the pizza would be delivered on time.” Ostensibly, he was trying to show how much careful planning had been ruined by Pizza-La’s lateness in order to establish just how painful the experience had been for him. However, the statement is also an admission that he was hanging out with his buddies and had other stuff to snack on while they waited for a pizza, which isn’t exactly the sort of story that earns you much sympathy, and especially not 100,000 yen.
Source: Asahi Shimbun
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28 Comments
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Chico3
I don't blame that judge for tossing out that guy's pizza claim. Apparently that guy won't get a piece of the pie.
Daniel Neagari
The injustice!!!... The guy was only payed back the cost of the pizza, and probably they also insulted him giving him the pizza that came late and to add injury to insult, probalby they gave him some cupons and even a free portion of chicken wings or something!!!
I know.. Pizza-La did something similar to me... they came late, they deliver the pizza gave me a couple of coupons two free cokes and a chicken wing portion... the manager offered to pay back the money but I denied, I was not going to be offended even more with free pizza!!!
Peter14
If this had happened in the US, he would undoubtebly have been claiming in the millions and could well have gotten a substantial amount.
Abe234
If this happened in the US the delivery person would still expect their tip. lol I jest!
Fighto!
"Waaah, I had to wait 52 minutes for a pizza...my Christmas is ruined...waaaah!"
What a jerk. Good on the judge. I just wish they had named the cry-baby so people could berate him by name online!
Garthgoyle
I hope Pizza-la added him to their blacklist.
kohakuebisu
Its good that Japan gives chancers like this short shrift and does not award punitive damages.
However, if you are the genuine victim of business malpractice, such as a builder building you a house full of defects, you will lucky to get anything out of them beyond a minimum amount for repairs. You will get nothing for what could be major stress and anguish. A badly built house that is offgassing with VOCs and full of common allergens can make you sick and the resulting stress can easily destroy your marriage.
Rivera
This is the thing about Japan you can’t sue any company because they will never let the any citizen get rich you have to work hard if you want money so suing is not in their vocabulary.
even foreigners try to sue for wrongful death and what was the outcome????
GuruMick
De minimus non curat Lex
The Law is not concerned with trivialities. Ban this vexatious and litigious complainant from filing any Court matters for 10 years.
OssanAmerica
What a ridiculous claim. I expect these kind of silliness in the US as there are an overabundance of lawyers. But not in Japan.
WoodyLee
I disagree,
52 minutes is more than just being late it is an INSULTE to the customers and the business, should have offered the pizza for free up front and should have doubled the order and gave him two also for FREE.
They have probably done it to many other customers but this one decided to hold them accountable and just walk all over him.
If you can't deliver what you promise then don't advertise it or promise it.
WoodyLee
100.000 JPY is too little to ask for should have sued them for at least 200,000 JPY. so they don't make false Promises and claims.
DatAss
A horribly written article about an inconsequential event.
リッチ
Had his party been ruined I can see his issues here in Japan. Failure and lateness are unacceptable. Some companies even penalize staff for being 1 minute late by deducting a full hour wages or more. So his suit while bizarre has some merit that the judge didn’t care about. Most cases in Japan side with the companies not with the people.
quercetum
This is cheesy.
DanteKH
Too many entitled and crybabies here in JP.
This would be a funny case if not the same mentality would be applied on a corporate level too.
Fighto!
And rightly so when the people bringing these frivolous cases are certified dropkicks.
It's a late pizza on one of the busiest nights of the year, for crying out loud. Deliveries cannot be on time 100% of the time. The guy should get a life.
asusa tabi
This type of problem was solved many years ago and is explained in the book Snow Crash by Neal Stephenson. The Italian mafia took over the pizza industry, where all employees were educated in their pizza University. Pizzas were guaranteed to be on time, other wise mafia-style punishment for the "deliverator".
BeerDeliveryGuy
Good thing this lawsuit was thrown out. Pizza-La should counter sue for wasting their time.…. But that would start a slippery slope…
theFu
Some people have too much time.
Does Japan have "loser pays" for court cases? Is he required to pay all the legal fees incurred by the Pizza-La? That usually prevents frivolous lawsuits like this.
BeerDeliveryGuy
In a civil case, one may counter sue for loss of revenue or a tainted reputation.
WA4TKG
It’s kinda’ funny, because I deliver for Pizza Hut myself now…and we get so busy it’s very common to be LATE.
enmaai
100,000 yen, Not even enough to pay his lawyer and other legal fees. So funny.
Canucksfan
This reminds me of the case of the upside down cake last Christmas where the cake company had to hold a press conference to explain why hundreds of cakes were delivered to homes in a condition that left so many people in mental anguish. Lol
Brian Wheway
100,000 yen for pizza that was delivered late?!?!, oh for goodness sake get a grip man. I am glad the judge had or used his common sense.
Newgirlintown
That’s ‘eggscitimg’, I bet he had a ‘whale’ of a time!
AustPaul
What a clown. I wonder if he had to pay court costs as a result?