is this you? Claim your profile.
is this you? Claim your profile.
+ Get 10 Free Contacts a Month
It's free and takes 30 seconds
Dustin Kolodziej, then an enterprising law student at South Texas College of Law, decided to take up Mason's challenge.
In December, 2007, Kolodziej retraced Serrano's alleged route and made a video recording of the travel. Mason wouldn't pay, so Kolodziej sued. You give me that television set.) Then, there's the type of contract that was allegedly entered into by Mason and Kolodziej: A unilateral contract where one party makes an express promise for another party's performance without any legal obligation to actually perform. (I will pay you $10 if you find my dog.) "Kolodziej heard one 'challenge' that was open to anybody, which therefore included him," the judge writes. "However, the actual 'challenge' was not open to anybody, and that conclusively forecloses any opportunity Kolodziej has to now argue that the 'challenge' somehow constituted a valid offer and that he accepted that offer by his performance. Kolodziej cannot proceed with his claim for one million dollars by supposing, believing, imagining or hoping that an offer was made to him that simply was not." Give Kolodziej some Pepsi Points for trying.
Texas attorney Dustin Kolodziej is once again suing Florida criminal defense lawyer James Cheney Mason and his firm for breach of contract over a challenge that Mason allegedly issued on "Dateline NBC" in December 2006.
Kolodziej alleges in his original complaint in Kolodziej v. Mason, et al., filed June 29 in the U.S. District Court for the Northern District of Georgia, that the suit arises out of Mason's representation of Nelson Serrano, who was convicted and sentenced to death for the 1997 murders of four people in Central Florida. Kolodziej alleges that Mason challenged anyone to show him that Serrano could have deplaned in Atlanta and been at the hotel five miles away within 28 minutes. Mason has claimed that "Dateline NBC" edited his statement, which referred to the prosecutors in Serrano's trial, but Kolodziej alleges in his complaint that Mason's version of the statement "contains in substance the same challenge as broadcast by Dateline." According to the complaint, Kolodziej, who was then a student at South Texas College of Law in Houston, accepted the challenge in December 2007, retraced Serrano's route and made the last leg of the trip within 28 minutes. Kolodziej alleges in the complaint that he sent Mason a video tracking his trip along with a demand letter, but Mason wrote back in January 2008 that it was just a joke. When Kolodziej wrote a second letter demanding to be paid for successfully completing the challenge, Mason threatened to have him prosecuted, Kolodziej alleges in the complaint. When Kolodziej wrote a second letter demanding to be paid for successfully completing the challenge, Mason threatened to have him prosecuted, Kolodziej alleges in the complaint. So Kolodziej sued Mason. "Mason made an offer of a unilateral contract when he issued the challenge," Kolodziej alleges in the complaint. In June 2009, Kolodziej filed a suit in the U.S. District Court for the Southern District of Texas in Houston. Kolodziej, who now lives in San Antonio, declines comment on the suit, George says. Sheila Hansel, South Texas College of Law spokeswoman, says Kolodziej graduated from the law school in May 2009.
Dustin Kolodziej, then a law student in Texas, took Mason's words as more than a challenge.
He saw a verbal contract - a televised verbal contract. So Kolodziej did just what the attorney said wasn't possible. He got off a plane, walked through the busy airport, into a parking garage, then got behind the wheel of his parked car and drove to the motel in just 19 minutes. The whole while, his camcorder recorded his movements. Then Kolodziej sent a letter to Mason - asking for his promised $1 million. Later, when Kolodziej insisted, Mason told him to get lost. But Kolodziej has refused to go away. He still wants his $1 million and has filed a lawsuit. A federal case to be exact. Kolodziej, who lives in the San Antonio area, is alleging breach of contract in the suit filed late last month in U.S. District Court in Atlanta. Kolodziej, through his attorney, declined to comment on the case. Kolodziej, then a student at the South Texas College of Law, had watched the spectacular trial on Court TV between classes and researching papers. When the "Dateline" episode appeared, he watched with interest and was taken by Mason's assuredness. I know Dustin did." On Dec. 10, 2007, a year after the show and almost exactly 10 years after the killings, Kolodziej tracked Serrano's alleged murderous route. Serrano, using an alias, flew from Atlanta to Orlando, picked up a rental car (again, using an alias), drove 66 miles south to the murder scene in Bartow. He then drove 50 miles to the airport in Tampa, disposed of the car, flew to Atlanta, got his parked rental car, then drove to the motel on Old National Highway.
Former law student Dustin Kolodziej filed the case in 2009 against high-profile Florida defense lawyer, James Cheney Mason.
Kolodziej did just that, reenacting the full trip, capturing it on his camcorder, and making the final leg in less than 30 minutes. Kolodziej claimed a valid contract, formed by Mason making an offer of a reward for an act and Kolodziej accepting it by performing the act. Kolodziej claimed a valid contract, formed by Mason making an offer of a reward for an act and Kolodziej accepting it by performing the act. Hat tip also to David George, the lawyer for Kolodziej, who also sent me a copy.
Dustin Kolodziej, an enterprising law student, provided proof in the form of a video recording that showed the sub-30 minute trip was indeed possible.
Unfortunately, nearly seven years later, Kolodziej is still in court attempting to collect!