Christina Pagliarolo is the latest former guest to sue a talk show. Pagliarolo joined the Rachel Ray (right) show at age 18 in 2011 to lose weight and says that she was treated negligently and abusively by the show and its trainer to lose weight. At the time, Pagliarolo weighed 260 lbs. The case is a variation of the type of bullying actions that we have seen in high school but here it is the show producers and trainers who are being accused of tolerating or participating in bullying.
She came to the show with the goal of losing 70 pounds before her senior prom. She says that she was subjected to reckless and abusive conduct in the effort to force down her weight. This includes a trainer allegedly yelling at her and forcing her to work out too hard. Among other accusations, she claims that the trainer, Eric Viskovicz, yelled and increasing the speed on a Stairmaster. She fell off the machine in that incident and says that Viskovicz yelled at her. She also complains of being “coerced” to take hikes despite being tired and sore in her legs. That led to a fall that she claims caused injury. In another allegation, Pagliarolo complained that a girl would hum the theme song to Sea World when she was around.
These type of allegations make for a weak torts claim. Participants generally have to sign extensive waivers and Pagliarolo always had the ability to walk away. These shows are not a form of indentured servitude. Her parents were also present on the show set.
The consensual and contractual defense will make this a difficult case absent a showing of truly reckless and abusive conduct by the show.
Source: Yahoo
Weak claim, but also what LK said. Substantive injuries should be compensated if they exist and would not exist but for the actions of the trainers/producers.
Who the heck is Rachel Ray? James Earl Ray’s daughter? Never heard of her.
It’s not OK for a trainer or coach to work someone until, or in a manner that, gets them hurt. That’s just nuts and abusive on its face. If she suffered injuries then she should be compensated. She signed up for weight loss and a workout, not a death-match or a Rocky movie redux.
There are many reasons for obesity starting with personal choice, oversize portions at restaurants, fast food that is high in sodium and fat, the labeling of food as fat free but somehow we forget it’s not calorie free and so on. And then there’s our government (EEOC) acting as enablers by making obesity a disability.
Karen, Firstly, it’s now called Family and Consumer Education or some variation of that. When I was a sub I got to know the teacher. Like myself, she had real world experience and we hit it off. So, she would ask me to sub when she was absent. I love cooking, so it was a natural. The one exception was waffle day. I had never used a waffle iron and only one of the female students had..it was a batter mess!
Secondly, I agree w/ you. The reasons for obesity are numerous and education is not a primary reason. The corporate fast food industry, and the food industry in general are to blame. Parents are to blame for not getting kids off their ass and play. In that regard, I do like the “Play 60” campaign. The former govt. pyramid is also to blame. It was flat ass wrong. I consider those the top 3 reasons.
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A really fat set of allegations that will be trimed down significantly during the rigor of litigation.
Theres just way too much talk about weight/obesity/losing weight. Dr. Oz, Dr. Phil, all the boot camp shows. I disagree with Michelle Obama’s “Childhood Obesity” initiative, too. Obesity has nothing to do with educating people, IMO. I have a relative who taught Home Ec (or whatever its called nowadays). She taught food groups and food pyramids and all that stuff. The whole family is overweight. One of the girls, now an adult, is enormous. The other daughter has 3 children who are all very overweight already. All the adults are college graduates. They know all about healthy eating.
I assume this woman watched these kinds of shows and knew what they do. I watched a few minutes of one of these shows once. I don’t see the entertainment but my sister records all of these shows so she never misses one. Go figure.
MASkeptic, I think what Milgram showed was a factor. She undoubtedly had low self-esteem so she had little to work with in countering the trainer or just walking away. What penalties were there if she walked away?
Since I don’t have TV in my home, I only watch bits and pieces elsewhere. Just confirms my decision. I just have to wait for the good stuff to show up on the internet.
AY, Hopefully the “Twinkie Defense” has been discredited. It looks like Hostess will be purchased soon, but the “defense” hopefully has died.
I suppose she’ll have the “twinkie Defense”…. or Ho Ho’s…… Shes just precious Cup Cake…..
And, I think Rachel Ray is an idiot and horrible example of Italian cooking.
Frankly said it well in his first paragraph. However, I have a couple anecdotes. In San Diego there are many “Boot Camp” trainers. They are licensed and many do their classes on the beach. They’re TOUGH but mostly very positive. One guy in particular is very good. When a student stops he quickly goes over to that student and assesses him/her. He’ll take their carotid pulse and ask them questions. Sometimes he’ll tell them to sit it out, sometimes he’ll give them a verbal kick in the ass. Most of his comments are positive and encouraging. Positive is the most effective but we ALL sometimes need a kick in the ass.
As we know, the burden of proof is on the plaintiff. I think, absent some solid evidence, she has a tough road ahead. I played high school football and our coach was REALLY tough. We were pushed to the limit in preseason. It was not pretty, but I never thought he crossed the line to abusive.
What Frankly said. Try fixing your life off of the TV set next time. Losing large amounts of weight does require some pain and effort.
Yes Michael, and during the Milgram Experiment they also had the option of walking away.
If she didn’t like how she was being treated, then she should have have walked away.
“As a culture, we are becoming increasing cruel and abusive. becoming increasing cruel and abusive.” -KathyP
Truth.
From what I’ve seen of the popular weight loss television programs, this type of treatment is the norm.
What worries me is that this type of maltreatment reflects and may reinforce a societal attitude that persons who experience misfortune (unemployment, obesity, poverty) somehow deserve mistreatment. As a retired Weight Watchers leader, I can tell you that does more harm than good to the person who struggles with excess weight.
We see this attitude manifested in legislation aimed at “helping” the unemployed who receive unemployment insurance (drug testing) and now seniors who received Social Security benefits (chained CPI). As a culture, we are becoming increasing cruel and abusive.
I worry about the mental state of people willing to subject their lives to television exposure. Willingly going on TV to ‘fix’ your life in any way should be prima facia that you are not mentally competent to make the decision on your own.
I have nothing but pity for the girl. I know personally how difficult it is to lose weight and how society treats obese people. That the sharks and leeches that produce entertainment are only too happy to take advantage of her poor choices is both predictable and despicable. Its a shame she probably can’t win and drive these people into bankrupcy