Category: Torts

Top 100: ABA Top Blog Competition Begins

It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs (of over 3000) and nominated for the IMHO (opinion) category and it is time to release our minions upon the field of blog battle. Vote here to defend our way of life and the future of the planet.

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Poor Bathroom Etiquette: Pregnant Woman PO’ed Over Denial of Bathroom Privileges

Long Island resident, Lindsay Ekizian, has filed an interesting case in Manhattan (NY) Supreme Court alleging that the Hammerstein Ballroom callously failed to allow her use of its restroom. The 35 weeks along mother-to-be asked politely if she could use the bathroom as she was filing out of the establishment after seeing a comedy act. Rebuffed at first, she explained to the manager that she was pregnant (wonder why that needed to be explained) and was in desperate need. “There’s a bathroom at the end of the block,” came the compassionate reply according to the plaintiff. Unable to make it to the nearby diner, Ms. Ekizian suffered an indignity best left to the imagination.  Not sure of the theory of liability (intentional infliction emotional distress?), but if there ever was a case with jury appeal here it is.

Source: New York Post

–Mark Esposito, Guest Blogger

Doing an Ed Rooney: New York Principal Charged With Trespass in Showing Up At Home of Two Boys Who Failed To Appear At School

There is an interesting case out of Chester, New York where Chester Academy Principal Ernest Jackson has been charged with criminal trespass after he followed the lead of the character of Ed Rooney in the movie “Ferris Bueller’s Day Off” and went to the house of two kids who did not show up at school. Unlike the movie, he has been charged and suspended.
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Bee Keeper Allegedly Shoots Himself After Setting Up Snare Gun For Honey-Loving Bear

John Frost allegedly bagged himself in setting up a snare gun to shoot a bear in Loveland, Colorado. The bear had recently knocked over Frost’s beehive and stolen some of his honey. Police believe Frost set up a shotgun with a tripwire and then tripped the wire.

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Delightfully Tacky Yet Unrefined: Hooter’s Security Roughs Up Granny Over Bill

Hooters Restaurants likes to promote their orange-hotpanted waitresses with the provocative tied-up teeshirts as, “delightfully tacky yet unrefined.”   The slogan might  be applied to its security guards too, if a  fiesty grandma gets her way. After disputing an errant appetizer on her bill from a Chicagoland Hooter’s, 54-year-old Livier Torres was manhandled by off-duty Oak Lawn Police Officer Joseph Schmidt as she tried to pay. Part-enforcer, part-social engineer (Schmidt reportedly told Torres daughter, “All you people are the same” in an apparent reference to their Mexican heritage.), the fearless crime fighter called for back-up against the marauding grandma — when a headlock and pinning her to the ground wouldn’t suffice. Despite a paucity of video Continue reading “Delightfully Tacky Yet Unrefined: Hooter’s Security Roughs Up Granny Over Bill”

Montgomery Police Officer Given $185 Ticket After Paralyzing 14-Year-Old Boy

A Montgomery County police officer Jason Cokinos is back walking the beat after hitting and paralyzing 14-year-old Luis Jovel Jr. Cokinos was speeding to his off-duty job when he hit Jovel and received only a $185 speeding ticket. The county paid $400,000 in damages.

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California Principal Blocks Ambulance Sent to Help Student To Protect Recently Remodeled Field

Parents in San Jose, California are upset over an astonishing decision made by a high school principal to stop an ambulance from driving onto a football field to help an injured player at Del Mar High School on October 29th. The principal Liz Seabury reportedly says she was following district orders to protect the school’s recently remodeled field from motorized vehicles.
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Hold the Fries: Did Burger Joint Get Raw Deal on Moby Dick Nuisance?

Steptoe & Johnson has prevailed against a burger restaurant, Rogue States, after the law firm complained that the fumes from the restaurant made them all smell like short-order cooks. Indeed, one of the firm’s “rainmakers” even reportedly threatened to resign from the firm if the burger smells were not removed from his office. D.C. Superior Court judge John Mott ruled that Rogue States was indeed responsible for a nuisance and must either abate the odors or close down.

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Seventh Circuit Allows “Death By Taser” Suit to Proceed

Reversing a lower court grant of summary judgment, the U.S. Seventh Circuit Court of Appeals has allowed a Wisconsin couple’s “Death by Taser” suit to proceed to trial against the police and Town and Village of Mukwonago, Wisconsin. Their son, 29-year-old, Nickolos Cyrus, suffered from a bipolar disorder and schizophrenia, and was well-known to the police for prior delusional — but non-criminal — episodes. When the young man was reported missing, police located him on a construction site. His parents allege that Nickolos was passive, unarmed, and had no history of violence such that multiple taser shocks would be needed to subdue him. The police respond that multiple taserings were a reasonable use of force under the circumstances and that his death was unforeseen.

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San Francisco Bans Happy Meals and Other Fast-Food Meals Served With Toys

The San Francisco Board of Supervisors have approved a ban on Happy Meals and other fast-food servings that fail to meet nutritional standards. While sympathetic to the motivations behind the legislation, I have serious questions over the constitutionality (and logic) of the ban.
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China Sentences Food Safety Advocate to Over Two Years in Prison

The Chinese have jailed another activist. This time the victim is Zhao Lianhai, the father of a child sickened by one of the country’s food safety scandals. At least six children died from melamine-tainted milk in 2008 and Zhao’s son was injured. More than 300,000 children were left with kidney problems. Zhao has been demanding answers. He just received one in the form of a 2½ years in prison sentence for “disturbing social order.”

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