Phreakmeister
January 18th, 2003, 07:26 PM
Suzanne Vasquez sued a Bradenton, Florida, Wal-Mart, claiming that a 13-pound ham hanging from a display fell on her head, causing her to develop epilepsy and migraine headaches. After hearing elaborate technical testimony from an engineering expert, who said the ham could not have fallen the way Vasquez said it did, and from a neurologist, who could find no signs of epilepsy, the jury found in favor of Wal-Mart. Vasquez, who had previously rejected a Wal-Mart settlement offer in her quest for a $500,000 award, is considering an appeal.
A high school senior who failed her required English class was permitted to retake a test five hours before graduation after the family hired a lawyer and threatened to sue if the school did not take "whatever action necessary" to allow the student to graduate. Were litigation to have proceeded, the teacher would have had "all information regarding [her] background, [her] employment records, all of [her] class records, past and present and dealings with this and other students…" made public. Despite that threat, the teacher protested the test re-take, stating she had given opportunities for make-up work that were not attended, school policy does not allow for seniors to retake English tests and it would be unfair to other seniors who must attend summer school in order to receive their diplomas. An undisclosed school official made the decision to allow the student to retake the test, which she passed. Chris Thomas, director of the Arizona School Board of Legal Services, believes that the threat of lawsuits by parents is becoming more common, commenting that "[the parents] hope the school district will just give in because they just don’t want to go through litigation." The student, whose name was withheld for privacy purposes, was permitted to graduate with her class.
An unnamed plaintiff sued a Florida McDonald’s franchise and Tyson Foods claiming that he developed temporomandibular joint (TMJ) syndrome after biting into a chicken nugget. Alleging that chicken cartilage contained in the nugget caused his injury, he claimed "strict liability and negligence" and sought over $200,000 for medical bills and pain and suffering. The defense argued his condition had been pre-existing and a jury agreed, finding for both of the defendants.
Steven Swan is suing former Libertarian presidential candidate Irwin Schiff for $7 million after having followed Schiff’s personal tax advice. Schiff believes that federal income tax is optional and spoke with Swan at great length to describe his theory. Swan alleges he read Schiff’s books, applied the theories to his own real estate business and began his own seminars to teach others how to avoid paying federal income tax. After being forced to close his business and having his bank accounts levied, Swan unsuccessfully tried Schiff’s suggestion to sue the IRS in retaliation. Now Swan believes Schiff is "guilty of misrepresentation, fraud and negligence." Schiff commented, "My books point out that I went to jail for four years…. If I told [Swan] to go rob a bank, would he do it? What is he, an idiot?"
Frederick James, claiming to have copyrighted the use of his name, submitted a bill for $151 million to the judge and public defender in court proceedings to decide his competency to stand trial for drug and firearm possession violations. James alleges that his name was used 302 times during the court proceedings with a charge of $500,000 every time his name is written or spoken. U.S. copyright law does not allow names to be legally protected, despite James’ belief that his name is his "private property." U.S. District Judge Michael J. Reagan ruled that James is not mentally impaired and can represent himself against the marijuana and weapons charges.
Ruth McHenry sued Longhorn Steaks after she slipped, fell and broke her leg in the Atlanta restaurant. McHenry claimed the restaurant created a hazard with its tradition of employees and customers throwing empty peanut shells on the floor. A Fulton County Superior Court judge had initially granted summary judgment for the restaurant, but in February the Georgia Court of Appeals reversed that decision, ruling a jury must decide whether or not the plaintiff exercised reasonable care. The court determined McHenry did not see the shells on the floor and the restaurant had "superior knowledge because it instituted and perpetuated such custom and practice." Judge Gary Andrews stated in his dissent that evidence of McHenry’s "equal knowledge of the condition was plain, palpable and undisputed."
Loretta Smith has hired a lawyer and is claiming racial discrimination against Michael Jordan after he personally cancelled her book release party, which was to be held at Jordan’s Washington, D.C. restaurant. Smith’s book, "Mr. Jordan Goes to Washington," is a part-fact, part-fiction account of Michael Jordan’s life after the Bulls, including fictionalized stories of Michael Jordan’s domestic issues with wife Juanita, including gambling and adultery. Just before the big party, Michael Jordan allegedly ordered the restaurant to cancel the party and refund Smith her $750 deposit. Smith claims Jordan is "refusing to perform the contract on the basis of race." Estee Portnoy, spokeswoman for Michael Jordan commented, "It’s an unauthorized account about Mr. Jordan, and he felt that by hosting a book signing, it would appear as if he were endorsing it…. My understanding is that when the people at the restaurant made the agreement they didn’t know what the book was about."
While pitching for his Pittsfield, Illinois High School baseball team, Daniel Hannant was struck in the head by a baseball. The opposing team’s batter hit a line drive directly at Hannant on the pitchers’ mound causing a serious head injury. He is suing the Louisville Slugger bat manufacturer, Hillerich & Bradsby, for more than $1 million. Hannant alleges that the design and construction of the aluminum AIR ATTACK bat was intended to hit a baseball faster and harder than the traditional wooden bat, and as a result he was unable to protect himself quickly enough to avoid being struck. Hannant claims that Hillerich & Bradsby failed to observe safety hazards and failed to adequately warn users of potential bodily injury.
The Washington, D.C. Statehood Green Party has filed for a temporary restraining order against the D.C. Commission on the Arts and Humanities "Party Animals" project. The project, set to launch this month, has 200 plastic donkeys and elephants decorated by various artists that are ready to be placed throughout the city. After considering other symbols -- including pandas, squirrels and the Washington Monument -- the commission decided on the elephant and donkey theme as most appropriate. The Green Party believes that its icon, the sunflower, should also be included after the party received six percent of the D.C. vote in the last presidential election. Tony Gittens, the executive director of the commission, commented, "The ‘Party Animals’ project is an arts project. It’s not a political project."
Meredith Berkman has filed a $50 million lawsuit against Robert’s American Gourmet Food, Inc., manufacturer of Pirate’s Booty, a rice and cheese snack food. Berkman claims "emotional distress" and alleges that the manufacturer’s misprinting of the nutritional values on Pirate’s Booty caused her "weight gain…mental anguish, outrage and indignation." Pirate’s Booty was recalled in January after the Good Housekeeping Institute found that instead of the 120 calories and 2.5 grams of fat per serving stated on the nutrition label, it contained 147 calories and 8.5 grams of fat. The company announced that the mistake was caused by new machinery that erred in three of its snacks — Pirate’s Booty, Veggie Booty and Fruity Booty. They have since adjusted the nutritional value of the snacks which now only contain 5 grams of fat per serving. A statement on their website announced, "These changes have made Pirate’s Booty a more consistent and better snack."
Gloria Gonzales sued CiCi’s Restaurant for injuries that occurred after she was allegedly hit in the head by a pizza pan on its way to a table while she was standing in the restaurant’s buffet line. She claimed that she suffered from whiplash and headaches as a result of her injury and was seeking $3,500 in medical expenses. Although Gonzales claimed that she informed an employee of the incident, CiCi’s had no record of it and countered that the incident could not have occurred as Gonzales alleges. They also asserted that even if it had occurred as she contended, that it was "virtually impossible to injure anyone with a pizza pan." The jury ruled unanimously that the restaurant was not negligent.
A high school senior who failed her required English class was permitted to retake a test five hours before graduation after the family hired a lawyer and threatened to sue if the school did not take "whatever action necessary" to allow the student to graduate. Were litigation to have proceeded, the teacher would have had "all information regarding [her] background, [her] employment records, all of [her] class records, past and present and dealings with this and other students…" made public. Despite that threat, the teacher protested the test re-take, stating she had given opportunities for make-up work that were not attended, school policy does not allow for seniors to retake English tests and it would be unfair to other seniors who must attend summer school in order to receive their diplomas. An undisclosed school official made the decision to allow the student to retake the test, which she passed. Chris Thomas, director of the Arizona School Board of Legal Services, believes that the threat of lawsuits by parents is becoming more common, commenting that "[the parents] hope the school district will just give in because they just don’t want to go through litigation." The student, whose name was withheld for privacy purposes, was permitted to graduate with her class.
An unnamed plaintiff sued a Florida McDonald’s franchise and Tyson Foods claiming that he developed temporomandibular joint (TMJ) syndrome after biting into a chicken nugget. Alleging that chicken cartilage contained in the nugget caused his injury, he claimed "strict liability and negligence" and sought over $200,000 for medical bills and pain and suffering. The defense argued his condition had been pre-existing and a jury agreed, finding for both of the defendants.
Steven Swan is suing former Libertarian presidential candidate Irwin Schiff for $7 million after having followed Schiff’s personal tax advice. Schiff believes that federal income tax is optional and spoke with Swan at great length to describe his theory. Swan alleges he read Schiff’s books, applied the theories to his own real estate business and began his own seminars to teach others how to avoid paying federal income tax. After being forced to close his business and having his bank accounts levied, Swan unsuccessfully tried Schiff’s suggestion to sue the IRS in retaliation. Now Swan believes Schiff is "guilty of misrepresentation, fraud and negligence." Schiff commented, "My books point out that I went to jail for four years…. If I told [Swan] to go rob a bank, would he do it? What is he, an idiot?"
Frederick James, claiming to have copyrighted the use of his name, submitted a bill for $151 million to the judge and public defender in court proceedings to decide his competency to stand trial for drug and firearm possession violations. James alleges that his name was used 302 times during the court proceedings with a charge of $500,000 every time his name is written or spoken. U.S. copyright law does not allow names to be legally protected, despite James’ belief that his name is his "private property." U.S. District Judge Michael J. Reagan ruled that James is not mentally impaired and can represent himself against the marijuana and weapons charges.
Ruth McHenry sued Longhorn Steaks after she slipped, fell and broke her leg in the Atlanta restaurant. McHenry claimed the restaurant created a hazard with its tradition of employees and customers throwing empty peanut shells on the floor. A Fulton County Superior Court judge had initially granted summary judgment for the restaurant, but in February the Georgia Court of Appeals reversed that decision, ruling a jury must decide whether or not the plaintiff exercised reasonable care. The court determined McHenry did not see the shells on the floor and the restaurant had "superior knowledge because it instituted and perpetuated such custom and practice." Judge Gary Andrews stated in his dissent that evidence of McHenry’s "equal knowledge of the condition was plain, palpable and undisputed."
Loretta Smith has hired a lawyer and is claiming racial discrimination against Michael Jordan after he personally cancelled her book release party, which was to be held at Jordan’s Washington, D.C. restaurant. Smith’s book, "Mr. Jordan Goes to Washington," is a part-fact, part-fiction account of Michael Jordan’s life after the Bulls, including fictionalized stories of Michael Jordan’s domestic issues with wife Juanita, including gambling and adultery. Just before the big party, Michael Jordan allegedly ordered the restaurant to cancel the party and refund Smith her $750 deposit. Smith claims Jordan is "refusing to perform the contract on the basis of race." Estee Portnoy, spokeswoman for Michael Jordan commented, "It’s an unauthorized account about Mr. Jordan, and he felt that by hosting a book signing, it would appear as if he were endorsing it…. My understanding is that when the people at the restaurant made the agreement they didn’t know what the book was about."
While pitching for his Pittsfield, Illinois High School baseball team, Daniel Hannant was struck in the head by a baseball. The opposing team’s batter hit a line drive directly at Hannant on the pitchers’ mound causing a serious head injury. He is suing the Louisville Slugger bat manufacturer, Hillerich & Bradsby, for more than $1 million. Hannant alleges that the design and construction of the aluminum AIR ATTACK bat was intended to hit a baseball faster and harder than the traditional wooden bat, and as a result he was unable to protect himself quickly enough to avoid being struck. Hannant claims that Hillerich & Bradsby failed to observe safety hazards and failed to adequately warn users of potential bodily injury.
The Washington, D.C. Statehood Green Party has filed for a temporary restraining order against the D.C. Commission on the Arts and Humanities "Party Animals" project. The project, set to launch this month, has 200 plastic donkeys and elephants decorated by various artists that are ready to be placed throughout the city. After considering other symbols -- including pandas, squirrels and the Washington Monument -- the commission decided on the elephant and donkey theme as most appropriate. The Green Party believes that its icon, the sunflower, should also be included after the party received six percent of the D.C. vote in the last presidential election. Tony Gittens, the executive director of the commission, commented, "The ‘Party Animals’ project is an arts project. It’s not a political project."
Meredith Berkman has filed a $50 million lawsuit against Robert’s American Gourmet Food, Inc., manufacturer of Pirate’s Booty, a rice and cheese snack food. Berkman claims "emotional distress" and alleges that the manufacturer’s misprinting of the nutritional values on Pirate’s Booty caused her "weight gain…mental anguish, outrage and indignation." Pirate’s Booty was recalled in January after the Good Housekeeping Institute found that instead of the 120 calories and 2.5 grams of fat per serving stated on the nutrition label, it contained 147 calories and 8.5 grams of fat. The company announced that the mistake was caused by new machinery that erred in three of its snacks — Pirate’s Booty, Veggie Booty and Fruity Booty. They have since adjusted the nutritional value of the snacks which now only contain 5 grams of fat per serving. A statement on their website announced, "These changes have made Pirate’s Booty a more consistent and better snack."
Gloria Gonzales sued CiCi’s Restaurant for injuries that occurred after she was allegedly hit in the head by a pizza pan on its way to a table while she was standing in the restaurant’s buffet line. She claimed that she suffered from whiplash and headaches as a result of her injury and was seeking $3,500 in medical expenses. Although Gonzales claimed that she informed an employee of the incident, CiCi’s had no record of it and countered that the incident could not have occurred as Gonzales alleges. They also asserted that even if it had occurred as she contended, that it was "virtually impossible to injure anyone with a pizza pan." The jury ruled unanimously that the restaurant was not negligent.