Category: Torts

I Thought That I Should Never See An Opinion As Lovely As a Tree–Wrong!!

Who says appellate judges can’t be literate — and hilarious.

Fisher v. Lowe
122 Mich.App. 418, 33 N.W.2d 67 (1983)

Syllabus

The Annual Halloween Special of Spooky Torts and Crimes

Since I am off to Paris in a few hours, I am posting this list a day early.  Happy Halloween to everyone and good luck to our guest bloggers — Elaine, David, and Mark — who will be blogging from today until the 6th (and possibly the 7th if they have any material left!)

While some cities may be banning teenagers from trick or treating, Halloween remains the favorite holiday of not just of Christine O’Donnell but for all torts professors and personal injury lawyers. Few people know it was invented by Slipitus Fallus, an ancient Roman personal injury lawyer. Common carrier hay rides, lighting vegetables on fire, handing out foodstuffs without a permit . . . It’s the most wonderful day of the year. So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).

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Do You Want Alli® With That: Judge Orders McDonalds to Pay For Employee Weight Gain

In what must be a first, Brazilian Judge Joao Ghisleni Filho ruled that a former franchise manager must be paid $17,500.00 because he gained 65 pounds while working for McDonalds Restaurant for over 12 years. The unnamed employee claimed he had to sample food each day to meet quality standards and to appease “mystery clients” that McDonalds hired to secretly inspect the restaurant. The unidentified man’s biggest gripe — McDonalds had the audacity to offer free lunches to employees.

U.S. consumers spend about $150 billion dollars on fast food that is marketed to children and to lower income adults. McDonalds claims it presents healthy choices along with its high fat-high sodium offerings. In 2003, a New York family sued the hamburger giant alleging that, by manipulating the taste of food, fat and sugar content, and its aggressive marketing to children mislead consumers about the nutritional value of its food and led directly to their daughter’s obesity.  A federal judge threw the suit out of court, but the Industry responded with a so-called “Cheeseburger Bill” to ban such suits in the future. The Bill passed the House in 2005 but stalled in the Senate.

Over one half of all American adults are considered obese, and hundreds of thousands of deaths are attributed to obesity. Will “Big Fat” become the next “Big” like “Big Tobacco” and “Big Oil.” If we’re looking in Brazil, the answer might be just wait and see.

–Mark Esposito, Guest Blogger

Source: Yahoo News

Tykes on Bikes: New York Court Finds Toddler Can Be Held For Tort Damages

There is an interesting ruling out of New York that a four-year-old girl can be sued for negligence after running down an elderly woman with her bicycle . . . equipped with training wheels. Justice Paul Wooten of State Supreme Court in Manhattan ruled that Claire Menagh can sue Juliet Breitman, 4, for her allegedly negligent bicycle handling.
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Quadriplegic Suffers Severe Brain Damage After Nurse Is Shown Turning Off Ventilator

A family in England is looking at a possible torts case with a rare piece of evidence. The family of quadriplegic Jamie Merrett, 37, was already concerned about what they viewed as shoddy nursing care from staff supplied by the NHS Wiltshire Primary Care Trust. To satisfy their concerns, they set up a camera shortly before an incident that left Merrett severely brain damaged. To their shock, the footage showed nurse Violeta Aylward turning off the ventilator system.
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Cafe Owner Ordered To Remove Extractor Fan As Offensive To Muslims Due To Smell Of Bacon

Councillors at Stockport Council in Greater Manchester have a rather broad notion of accommodating religious sensitivities. Acting under its authority of “residential amenity,” the Council has ordered a cafe to remove an extractor fan because the fan blows the smell of food outside, including the smell of bacon that offends Muslim neighbors.
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English Hotelier Left Homeless When Squatters Take Over House

Connan Gupta, 40, a hotelier moved out of his £700,000, five-bedroom home in Camberwell, England for renovations. When he returned, he found the locks changed and Italian squatters occupying his house — with all of his belongings, medication, and possessions inside. He will remain homeless and living with his sister while the courts sort it out.

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Getting Redressed: Florida Man Receives $650,000 For Injury During Striptease

Remember the prior story about the man, MIchael Ireland, who sued in tort after he was poked in the eye by a stripper’s high heel at the Cheetah Club near West Palm Beach? Well, he just won a $650,000 settlement for the negligent performance of a striptease.
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CVS Reportedly Refuses To Give Inhaler To Woman During Asthma Attack Over One Dollar Discrepancy

CVS, the nationwide pharmacy, is looking into an allegation that has shocked the public in New Jersey. In Garwood, New Jersey, a woman began to have an asthma attack in front of a CVS and she and her boyfriend ran into the CVS to purchase an inhaler. He had only a $20 bill but the inhaler was $21, so the store reportedly refused to give it to her even after she fell to the floor.
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Lettuce All Get Along: Belfast City Council Settles Lawsuit on Failed Tomato Jump By The Lord Mayor

The Belfast City Council has agreed to pay a settlement of £24,021.75 to a worker injured in a rather unique tort. Lorraine Mallon suffered a slipped disc when the Lord Mayor Jim Rodgers tied to jump over her while she was dressed as a giant tomato. Pictures of the failed leap can be seen in the article below.

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English Prime Minister Suggests U.S. Military May Have Killed Linda Norgrove

Prime Minister David Cameron told the public this week that British aid worker Linda Norgrove may have been accidentally killed by U.S. forces during a rescue mission in Afghanistan. He attributed the death to the possible use of a grenade by U.S. forces in the rescue effort.

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Can The Petkovs Be Charged or Sued in Their Alleged Harassment of a Dying Seven-Year-Old Girl?

There is a horrific story out of Michigan where a couple, Scott and Jennifer Petkov, are accused of a cruel campaign targeting a seven-year-old girl, Kathleen Edwards who is dying from Huntington’s disease. The Petkov’s allegedly posted pictures showing Kathleen’s mother (Laura Edwards, who died of the disease last year at the age of 24) in the arms of the grim reaper and photo shopped a picture of Kathleen with her face above a set of crossed bones. The story (which has gone viral internationally) raises questions over the possible civil and criminal liability for such actions.
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Dora Explores Liability: Voice of Cartoon Character Sues Nickelodeon

Caitlin Sanchez, 14, has filed a lawsuit against Nickelodeon alleging that the network denied her full compensation as the voice for “Dora the Explorer.” The New Jersey team says that she (and her parents) were taken advantage of by network lawyers who convinced them to sign an unfair and ambiguous contract.

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Canadian Surrogate Refuses To Abort Baby With Down’s Syndrome in Possible Test Case Over Parental Obligations

There is a fascinating case in Canada on the legal status of babies carried by surrogates. We have seen various rulings in surrogate cases, including surrogates awarded custody and surrogates fighting for such rights. The couple who (upon learning that the baby carried by their surrogate had Down’s Syndrome) wanted to abort the baby. However, the surrogate refused and wanted to complete the pregnancy.

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