I can’t believe the country I almost died for would allow this to happen.”

Thomas Ferrara

A Cottage Grove man and Vietnam veteran seeks to draw attention to a court issue he says disadvantages the elderly and others.
Thomas Ferrara, having served two tours in Vietnam with wounds to show for it, bought a home at which to retire at 6995 Pinecrest Trail South in Cottage Grove back in 2020, using his veterans benefits to do so. A little while after he bought the house, a friend and retired concrete finisher came over, telling him that a piece of concrete near the garage had been repaired poorly and would fail.
Although Ferrara wasn’t worried as a pre-sale disclosure statement had been filled out, it turned out his friend was right, resulting in a costly repair job totaling $3,420 before an additional $200 for sealant.
Ferrara then filed suit against the previous homeowner in Dakota County, seeking to recover $4,132 to cover these costs and the filing fee. Entered as evidence with the concrete repairs were other home issues, including furnace and bathroom sink repairs. Ferrara also gathered witness testimony to the disintegrating nature of the concrete driveway and repairs done before sale done outside the home.
When it came time for court appearances, Ferrara says the respondent showed the judge the signature page of a two-page document agreeing to arbitration for claims over $15,000. The case for $4,132 was then dismissed without Ferrara being able to say anything. Ferrara says he had been told previously to go to conciliation court by the Attorney General’s office and was able to get a new hearing in the case after he showed documentation that claims under $15,000 were not barred by the otherwise binding arbitration agreement and that the proper venue for the amount sought was therefore conciliation court. The case was then reopened and scheduled for a rehearing “in the interest of justice.”
Addressed via Zoom call and heard June 12, 2023, the court case was ultimately decided against Ferrara “with prejudice,” meaning it cannot be retried. Ready with exhibits including written testimony by witnesses and a concrete expert, Ferrara said the judge made fun of him for not knowing how to use technology, something that Ferrara attributes to a learning disability. The judge ultimately dismissed the case without hearing evidence as he had a large case load to get to.
“I can’t believe the country I almost died for would allow this to happen,” Ferrara said of the case.
Unsuccessful at recovering damages but accepting the verdict, Ferrara said he wants to bring awareness of things that he says make it harder for the elderly and those without technology skills or money for a lawyer to get justice in court.
“I just want to make sure it doesn’t happen to anyone else,” he said recently.
Among the issues he raises is how going from conciliation court to a place where attorney fees are involved means that small claims get eaten up in lawyer fees with no guarantee of payment even if the case is won, disadvantaging those of lesser means. Additionally, a lack of judge familiarity with conciliation court rules allows plaintiffs who would game the system to otherwise do so, thus defeating the purpose of courts and resulting in a lack of justice.
“And this has happened to many other homebuyers,” Ferrara said of his experience receiving poor treatment.
Also among the issues he raises are legal technicalities and the respondent’s greater familiarity with the process allowed for case diversion and initial release on a seeming technicality of venue.
Another is what he says is the lack of enforcement of Truth in Sale of Housing. An unenforced law is worse than no law, or else has the same effect. Laws in order to mean something must be enforced, or mean little. This enforcement falls to the Attorney General’s office at the highest level.
The last issue is reliance on technology and accommodations for those who might not be as familiar with this. With much court business done via computer and email along with Zoom conference, the less familiar with computers are put at a disadvantage in the system, as are those who can’t afford a lawyer.
Asked on how Dakota County works to help insure that people like Ferrara have what they need, Dakota County Communications Specialist Kyle Christopherson shared the following resource list:
• Signage in the Dakota County Courthouse- Digital display monitors at the front entrance and signs for navigation.
• Court staff at all locations in the County are available to assist the customer get logged in to the hearing, ensure sound and video are working, etc.
• If parties need to request a different hearing format (e.g. in person rather than remote), they can submit a request.
• Two law libraries, and 171 locations in/around Dakota County that offer legal kiosks - Select “Locations” and enter “Dakota County, MN,” and
• Self-Help Centers
For Statewide public website resources, Christopherson noted two websites, https://www.mncourts.gov/Help-Topics/Conciliation-Court.aspx and https://www.mncourts.gov/ADAAccommodation.aspx for ADA Accommodations.
As for Ferrara, he does have some good memories from the ordeal.
“I met some really good people there,” he said of the Dakota County courthouse and staff at the law library.