Oregon Judge Dismisses Product Labeling Lawsuit Filed Against Nike By Convicted Pimp

Submitted By Darren Smith, Weekend Contributor

sirgiorgio-clardy-croppedIt only took half an hour for an Oregon court to dismiss a $100,000,000.00 lawsuit filed against Nike by a convicted pimp who sued the company for allegedly not warning consumers its product could be used as a deadly weapon.

The lawsuit was originally filed in January by Sirgiorgio Clardy, who is serving a one hundred year sentence for an assault stemming from the use of his shoes.

According to the Oregonian, Clardy was found guilty of Second Degree Assault, Compelling Prostitution and First Degree Robbery the previous year for using his Nike Jordan shoes to stomp a man who did not pay one of his prostitutes for services rendered. The victim suffered injuries requiring stitches and reconstructive surgery. Under Oregon law, Clardy was declared a Dangerous Offender and sentenced to a century in prison with parole eligibility after thirty six.

In his handwritten three page complaint, Clardy named Nike, Nike Executive Phil Knight and others claiming the lack of product labeling stating the shoes could be used as a deadly weapon caused him damages. His complaint included the following:

“Do to the fact that these defendants named in this Tort claim failed to warn of risk or to provide an adequate warning or instruction it has caused personal injury in the likes of mental suffering.”

He also claimed he attempted suicide through starvation and other means multiple times.

nike-logoIn a hearing before the Multnomah County Circuit Court, Clardy told Judge Robert Durham that Nike was at least partially responsible for his lengthy prison term because the company failed to warn that his Nike Air Jordans could be used as deadly weapons. He spoke for twenty three minutes to the court through video uplink from prison.

Lawyers representing Nike spoke for less than ninety seconds and stated the shoes were safe “when used normally.”

Judge Durham admonished Clardy for wasting his time and dismissed the lawsuit.

By Darren Smith

Sources:

KXLY
Fox News

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24 thoughts on “Oregon Judge Dismisses Product Labeling Lawsuit Filed Against Nike By Convicted Pimp”

  1. But, hey, isn’t it the tool’s fault, and not the perpetrator? In this case, it was the dangerous shoes that were at fault.

  2. I live in CA where it’s almost impossible for anyone to serve time, and this guy got a hundred years for stomping on someone, who didn’t die, but required stitches? I’m not in law enforcement or a lawyer – why the huge disparity in sentencing? Do they have a 3 strikes law similar to CA?

    1. Karen – in CA for this guy to do more than a weekend they would have to give him 100 years. Maybe that was the idea.

  3. Ben, not sunglasses, binoculars. Makers Mark should have a warning about typing after having a few drinks of their product.

    1. Nick – maybe computers should come with warning about typing while inebriated?

  4. Ben, I bought some good sunglasses back in the 90’s. There was a STERN warning “DO NOT LOOK DIRECTLY INTO THE SUN W/ THIS PRODUCT.” No shit.

  5. He should sue himself for not knowing that the minds of dorks can become weapons.

    Paul, it is not “the Ninth District” it is “the Ninth Circuit.” (United States Court of Appeals for the Ninth Circuit).

    But this case was a state court case (“the Multnomah County Circuit Court”) so appeal to the 9th Circuit is not possible.

    The legal doctrine on that is called “Rooker-Feldman” doctrine.

    Just sayin …

    1. Dredd – you are so right and I stand so corrected. It is the Ninth Circuit, the most overturned circuit in America. Sadly, it is my circuit and I certainly would like to be out of it.

  6. rafflaw, “While I am glad that the court correctly dismissed this lawsuit, does it concern anyone else that this guy got a 100 year sentence for his assault?”

    My first question. He’s certainly not a model citizen but the sentencing does seem to be a bit harsh.

  7. rafflaw—It was somewhat more than a simple assault. He beat someone to the point of needing reconstructive surgery. He is a pimp. He committed first degree robbery. He is seen as a dangerous offender. Sometimes these laws get it right. The guy is scum and in thirty-six years perhaps he will have found jesus or allah or not.

  8. Do guns come with warning labels saying that they can be used as a deadly weapons?

    It just does not seem like something one should need to warn people about.

  9. raff, I would need much more info before being concerned about this guys sentence. My knee doesn’t jerk very well.

  10. Being the user of the shoes would seem to give him standing. He may go on appeal, would love to see this go to SCOTUS. He is in the Ninth District, this might have legs. 🙂

  11. While I am glad that the court correctly dismissed this lawsuit, does it concern anyone else that this guy got a 100 year sentence for his assault?

  12. Common sense from the courts – will wonders never cease (see McDonalds’ hot coffee case).

  13. We have a friend who handled all the pro se cases filed in Federal Court in Madison. Most are filed by people like this shitbird. She could write a hilarious book. I do love his pimps Christian name.

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