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Middle schooler sued over lost iPod

August 21, 2006 (Last Updated: 4:16 PM) - A middle school student is accused of losing her classmate's iPod. A lawsuit was filed and the first court hearing was held Monday morning.

Shannon McCarthy says she lent her iPod to a girlfriend and then left class to go to the bathroom. The classmate, Stephanie Eick, says she listened to one song and left the iPod on Shannon's desk before leaving class herself. But Shannon never went back to that classroom and the iPod disappeared. Now both girls are in court over who should pay for the lost music player.

"I am very disappointed. I was hoping before we even started that with the lawyer we'd come up and offer something to make a settlement. It is very disappointing," said Melanie McCarthy, plaintiff.

Melanie McCarthy appeared in DuPage County court with her 14-year-old daughter Shannon. She is suing her daughter's friend, Stephanie Eick, for apparently losing Shannon's iPod Nano on the last day of school at Jeffrey C. Still Middle School in Aurora. But the complaint was not filed correctly and the case couldn't proceed Monday.

Stephanie's father, Steven Eick, left his daughter at home Monday.

"I think it's inappropriate to bring kids into court, and I think there are much better ways -- I was shocked that someone would litigate against a 13-year-old over an iPod," said Steve Eick, defendant.

But Melanie McCarthy says it is not just about the iPod, but the principle, so she and her daughter are demanding $475 from the Eicks, $350 for the iPod, the music and the case, along with $125 in court costs.

"I put my trust in her and I thought she'd take care of it. She should have held on to it till third period or waited and given it to me after class," said Shannon McCarthy, suing over lost iPod.

But did McCarthy violate school code by having an iPod in class? School officials say students are advised not to bring mp3 players to school and anyone seen using one between 8 a.m. and 3 p.m. will have it confiscated.

Still, many students at Still Middle School said stories like McCarthy's and Eick's are not uncommon..

"I never bring my iPod to school, because when I was in elementary, we had backpacks, and people would just go in your backpacks and take them," said Jessica Brooks, student at Still Middle School.

The McCarthys and the Eicks are due back in court on Saturday, September 21. If they do not reach a settlement by then, they will be given a date to go to trial.



It gets better...


Mom turns down donated iPod

NAPERVILLE � An anonymous benefactor has donated a new Nano to the girl whose iPod was stolen, but the girl's mother is refusing the gift and pursuing her lawsuit against her daughter's 14-year-old classmate.

The donor dropped off a package at the front desk of The Naperville Sun around 11:45 a.m. Wednesday.

The colorful cardboard box decorated with a confetti design contained an iPod Nano, pink case and $50 worth of iTunes gift certificates. The donor left a letter saying that the iPod was for Shannon Derrik.

In June, Shannon, 14, loaned her iPod to classmate Stephanie Eick of Naperville during the last day of eighth grade at Still Middle School in Aurora. Stephanie said she put the iPod back in Shannon's purse, but Shannon said she was in the bathroom at the time, and when she returned the iPod was gone.

Melanie McCarthy of Aurora, Shannon's mother, sued Stephanie in DuPage County small-claims court, seeking $475 for the cost of the iPod, its case and $50 in iTunes. She claims that even though Stephanie didn't steal the iPod, the girl was responsible for the loss.

Although McCarthy said Wednesday she appreciated the offer from the anonymous donor, she didn't want to take the iPod and she is going ahead with her lawsuit.

"I think this is very generous of somebody, but I want to proceed with the litigation," McCarthy said.

Both sides are due in court on Sept. 21. The girls are now freshmen at Waubonsie Valley High School.

Stephen Eick, Stephanie's father, said he did not understand why McCarthy would not accept the iPod.

"I am very disappointed," he said. "This was a great solution and had everything she wanted."

The donor identified herself as a "Good Samaritan" and enclosed a letter detailing why she decided to buy the iPod.

"Although I know neither Shannon nor Stephanie's families, the media coverage of this unfortunate turn of events over an iPod has compelled me to take action," she said in the letter. "I am repaying the debt that I believe the Eicks owe to Shannon ... I am appalled that this issue has blown into such a big deal."

The woman also enclosed separate letters to the families of Stephanie and Shannon. The newspaper will forward the sealed letters to both parties.