Cookie klatch lands girls in court
Two Durango teens thought they'd surprise neighbors with nighttime deliveries of home-baked treats. But one woman was so terrified, she sued and has won.
By Electa Draper
Denver Post Staff Writer
Taylor Ostergaard, left, and Lindsey Jo Zellitti hold one of the plates of cookies they dropped on neighbors’ porches in July. One recipient sued, saying the gift spurred a trip to the emergency room.
Durango - Two teenage girls decided one summer's evening to skip a dance where there might be cursing and drinking to stay home and bake cookies for their neighbors.
Big mistake.
They were sued, successfully, for an unauthorized cookie drop on one porch.
The July 31 deliveries consisted of half a dozen chocolate-chip and sugar cookies accompanied by big hearts cut out of red or pink construction paper with the message: "Have a great night."
The notes were signed, "Love, The T and L Club," code for Taylor Ostergaard, then 17, and Lindsey Jo Zellitti, 18.
Inside one of the nine scattered rural homes south of Durango that got cookies that night, a 49-year-old woman became so terrified by the knocks on her door around 10:30 p.m. that she called the sheriff's department. Deputies determined that no crime had been committed.
But Wanita Renea Young ended up in the hospital emergency room the next day after suffering a severe anxiety attack she thought might be a heart attack.
A Durango judge Thursday awarded Young almost $900 to recoup her medical bills. She received nothing for pain and suffering.
"The victory wasn't sweet," Young said Thursday afternoon. "I'm not gloating about it. I just hope the girls learned a lesson."
Taylor's mother, Jill Ostergaard, said her daughter "cried and cried" after Judge Doug Walker handed down his decision in La Plata County Small Claims Court.
"She felt she was being punished for doing something nice," Jill Ostergaard said.
The judge said that he didn't think the girls acted maliciously but that it was pretty late at night for them to be out. He didn't award any punitive damages.
Taylor and Lindsey declined to comment Thursday, saying only that they didn't want to say anything hurtful.
Young said the girls showed "very poor judgment."
But Taylor had asked her father's permission to bake cookies for the neighbors after livestock-tending chores were done.
"I said, 'Go ahead, as long as I get some cookies,"' Richard Ostergaard said Thursday.
Just as dusk arrived a little after 9 p.m., Taylor and Lindsey began their mad spree. They didn't stop at houses that were dark. But where lights shone, the girls figured people were awake and in need of cookies. A kitchen light was on at Young's home.
Court records contain half a dozen letters from neighbors who said that they enjoyed the unexpected treats.
The cookies were good. It was a nice surprise. They weren't scared.
But Young, home with her own 18-year-old daughter and her elderly mother, said she saw shadowy figures who banged and banged at her door. When she called out, "Who's there?" no one answered. The figures ran off.
She thought perhaps they were burglars or some neighbors she had tangled with in the past, she said.
"We just wanted to surprise them," Taylor said.
Young left her home that night to stay at her sister's, but her symptoms, including shaking and an upset stomach, wouldn't subside. The next morning she went to Mercy Medical Center.
"We feel that knocking on a door and leaving cookies is a gesture of kindness and would not create an anxiety attack in the general public," Taylor's parents wrote to the court.
The girls wrote letters of apology to Young. Taylor's letter, written a few days after the episode, said in part: "I didn't realize this would cause trouble for you. ... I just wanted you to know that someone cared about you and your family."
The families had offered to pay Young's medical bills if she would agree to indemnify the families against future claims.
Young wouldn't sign the agreement. She said the families' apologies rang false and weren't delivered in person. The matter went to court.
Young said she believes that the girls should not have been running from door to door late at night.
"Something bad could have happened to them," she said.
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