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Have things gotten this bad in the UK courts yet? - Randolph Lee
The Stella Awards

In 1994 a New Mexico jury awarded $2.9 million U.S. in damages to 81-year-old Stella Liebeck who suffered third-degree burns to her legs, groin and buttocks after spilling a cup of McDonald's coffee on herself. This case inspired an annual award?The "Stella" Award?for the most frivolous lawsuit in the U.S. Listed below are some recent nominees.

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running amok inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving little kid was Ms. Robertson's son.

Nineteen-year-old Carl Truman of Los Angeles won $74,000 and medical expenses when his neighbor ran over his hand with a Honda Accord. Mr. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps.

Terrence Dickson of Bristol, Pennsylvania, was leaving a house he had just finished robbing by way of the garage. He was not able to get the garage door to go up because the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation. Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. Mr. Dickson sued the homeowner's insurance, claiming the situation caused him undue mental anguish. The jury agreed to award in his favor to the tune of half a million dollars.

Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced yard, as was Mr. Williams (in the owner's fenced yard). The award was less than sought because the jury felt the dog may have been provoked by Mr. Williams who, at the time, was shooting it repeatedly with a pellet gun.

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Pennsylvania, $113,500 after she slipped on a soft drink and broke her coccyx. The beverage was on the floor because Ms. Carson threw it at her boyfriend a moment earlier during an argument.

Kara Walton of Claymont, Delaware, successfully sued the owner of a nightclub in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

And you wondered how O.J. got off?
Re: Have things gotten this bad in the UK courts y - Steve G
What can you say ??
Re: Have things gotten this bad in the UK courts y - paul
How on earth has the situation in the States got so unreal? Are the juries on a cut of the damages? I'm struggling to find any other explanation for these awards.
Re: Have things gotten this bad in the UK courts y - Tom Shaw
Jury's in the USA regard a claim for damages as a little like appearing on Who Wants To Be A Millionaire. They like to make somebody rich, and in the back of their minds is the thought that one day it may be their turn when they choke whilst trying to eat a sparkplug or suchlike that has not been clearly labled as not for consumption.

Unfortunately that attitude is spreading to this country too. And it's the rest of us who have to pick up the tab in higher insurance premiums.
Re: Have things gotten this bad in the UK courts y - Randolph Lee
Good Point Tom, And I am sad to see this sort of thing spread to the UK.... Has it reached the rest of the world as well?

One good thing is that almost all these Jury awards will be reduced on appeal to a higher court where Judges with (we Hope) a touch more sense will cut them back... Stella, As I recall, ended up with less than $100,000 and as the Law Firm she hired was on a contingency basis + appeal fees... Well I read somewhere that she at the end wound up with less than $1,000 in her pocket... the rest going to her law firm

The juries Award huge amounts on the theory that a huge faceless rich insurance company will pay... and they will help the poor thing sitting in front of them in such 'pain'

And lets not forget the change in the laws about members of the legal profession advertising their services about 15 years ago... Before then discreet listings in the phone book... now we get adds of this sort on Radio, TV and Print all the time.

"HAVE YOU BEEN INJURED? YOU MAY HAVE WON THE JACKPOT! CALL SHYSTER AND SONS NOW TO SEE WHAT WE CAN DO FOR YOU 555-555 1212 (Free evaluation no risk to you... 50% split of the award when we win) {and in even finer size type} [Costs of appeal defence extra)

Randolph
Nantucket Island, USA

PS: Our town has about $200,000 for instant settlements of twisted ankle on our cobble stone streets claims each year and most all are settled out of court for about $5,000 to $10,000 each... any unused funds in this account are just pushed over into the next years account... the town NEVER goes to court over these sorts of claims as the court costs to defend such suits are so high
~R~
Re: Have things gotten this bad in the UK courts y - alvin booth
Lends more weight to the arguments for professional juries. (which I agree with)
alvin
Re: Have things gotten this bad in the UK courts y - Piet Kass
Erm...things haven't got *quite* this bad even in the US courts yet - this is a hoax email that's been going round on the Net for a year or so!

www.snopes2.com/legal/lawsuits.htm
Re: Have things gotten this bad in the UK courts y - Randolph Lee
Thanks for Clearing this Up Piet... I was passing it on in good faith from a web page that has been totaly trustworthy in the past... I will send your link to them pronto... and my apologies to the list
Randolph
Nantucket Island, USA
Re: Have things gotten this bad in the UK courts y - Jonathan
Have you seen the latest advert?

If you find any part of a poodle in your pot noodle then you will be awarded £10,000. There is even a law firm willing to take the case for you (C. Ewan Court). Thats enough to buy a car (on topic).

Jonathan
Re: Have things gotten this bad in the UK courts y - Piet Kass
Randolph, no need to apologise...the sad thing is that this kind of stuff is all too believable these days, as some verdicts are not far short of those extremes!
Re: Have things gotten this bad in the UK courts y - Randolph Lee
Piet,
Thanks for that link I have spent many happy hours digging through it's pages tonight
Randolph
Nantucket Island, USA
www.snopes.com/autos/law/handcuff.htm (which has a true US version and a false UK version of the same tale!
and
www.snopes.com/autos/law/noplate.htm (SEE BELOW)
Are just 2 that caught my fancy in the True story section
Claim: A man whose car bore personalized license plates reading 'NO PLATE' received notices for thousands of unpaid parking tickets.
Status: True.

Origins: This episode began in 1979, when a Los Angeles man named Robert Barbour sent in an application to the Department of Motor Vehicles requesting personalized license plates for his car. The DMV form asked applicants to list three choices in case one or two of their desired selections had already been assigned. Barbour, a sailing enthusiast, wrote down "SAILING" and "BOATING" as his first two choices; when he couldn't think of a third option, he wrote "NO PLATE," meaning that if neither of his two choices was available, he did not want personalized plates. "BOATING" and "SAILING" had indeed already been assigned, and the DMV, following instructions literally, send Barbour license plates reading "NO PLATE." Barbour was not thrilled that the DMV had misunderstood his intent, but he eventually opted to keep the plates because of their uniqueness.

Four weeks later he received his first notice for an overdue parking fine, from faraway San Francisco, and within days he began receiving dozens of overdue notices from all over the state on a daily basis. Why? Because when law enforcement officers ticketed illegally parked cars that bore no license plates, they had been writing "NO PLATE" in the license plate field. Now that Barbour had plates bearing that phrase, the DMV computers were matching every unpaid citation issued to a car with missing plates to him.

Barbour received about 2,500 notices over the next several months. He alerted the DMV to the problem, and they responded in a typically bureaucratic way by instructing him to change his license plates. But Barbour had grown too fond of his plates by then to want to change them, so he instead began mailing out a form letter in response to each citation. That method usually worked, although occasionally he had to appear before a judge and demonstrate that the car described on the citation was not his.

A couple of years later, the DMV finally caught on and sent a notice to law enforcement agencies requesting that they use the word NONE rather than NO PLATE to indicate a cited vehicle was missing its plates. This change slowed the flow of overdue notices Barbour received to a trickle, about five or six a month, but it also had an unintended side effect: Officers sometimes wrote MISSING instead of NONE to indicate cars with missing license plates, and suddenly a man named Andrew Burg in Marina del Rey started receiving parking tickets from places he hadn't visited either. Burg, of course, was the owner of a car with personalized plates reading "MISSING."
Re: Have things gotten this bad in the UK courts y - pugugly
Maybe I should move to civil litigation..........
Re: Have things gotten this bad in the UK courts y - Andrew
Much more lucrative than Criminal Law!
Re: Have things gotten this bad in the UK courts y - Matt Kelly
No they haven't (as we've already established) but there is a group of people in the UK who have taken up Stella's mantle and are bringing a similar case over here as a result of injuries relating to the high temperature of McDonalds hot drinks.
Re: Have things gotten this bad in the UK courts y - terry
Well I've NEVER managed to get anything hot from MacDonalds! Tepid at best ;>)
Re: Have things gotten this bad in the UK courts y - ian (cape town)
terry wrote:
> Well I've NEVER managed to get anything hot from MacDonalds!
> Tepid at best ;>)

Well I've NEVER managed to get anything EDIBLE from MacDonalds!
Re: Have things gotten this bad in the UK courts y - terry
True, Ian, true!
Re: Have things gotten this bad in the UK courts y - Brian
At least those instances were for actual physical injury.
Contrast that to the six figure sums awarded for hurt feelings (real or imagined) in libel cases!
More of the same ... - ian (cape town)
More of the same, from www.cala.com

Best Multimillion-Dollar Claim By A Grieving Mother.
Jackie Robles lost her two baby girls this past fall after they wandered out of their Upland apartment onto nearby train tracks. The 3-year-old and 22-month-old were killed by a passing commuter train.

No sooner had her daughters been laid to rest than Robles filed a $30 million lawsuit against the local transportation authority. She claimed that the agency was responsible for the deaths of her two little girls because they had neglected to fence off the track to prevent such a tragedy.


Never mind that Robles had fallen asleep with the door wide open when her daughters wandered over to the train tracks or that the grieving mom tested positive for methamphetamine use.


--------------------------------------------------------------------------------
Best Claim By A Jurassic-Era Plaintiff.
He's one of the highest-paid entertainers in America. He stars in his own TV series. His videotapes are in big demand. He does a live show at Universal Studios. He's "authored" several best-selling books.


So Barney, the multimillionaire purple dinosaur, doesn't want anyone poking fun at his image. And that's why his lawyers filed a claim against the "Famous Chicken," a.k.a. Ted Giannoulas, seeking damages for trademark infringement.


Barney's lawyers say that the Chicken "would punch, flip, stand on, and otherwise assault" their purple client as part of his act at baseball parks, hockey rinks and basketball courts. They think Barney is entitled to at least several hundred thousand dollars for pain and suffering.
---------------
Best Use Of Common Food Staple In Personal Injury Claim.
Notwithstanding the clever TV commercials (Got milk?), and the hip magazine ads with various celebrities adorned with milk mustaches, a Seattle man is persuaded that milk is harmful to health.
In fact, Norman Mayo filed a suit against the Safeway supermarket chain and the Washington state dairy industry, claiming that he suffered clogged arteries and a mild stroke after a lifetime of drinking milk.
"They push their dairy products without warning you of the hazards (fat and cholesterol)," said Mayo, who described himself as a milk-a-holic. "If tobacco products can be required to have warning labels, why not dairy products?"
Mayo is asking for medical expenses and cash for his troubles. And while he waits for Safeway and the dairy industry to settle, he limits his milk habit to nonfat or skim.


----
There's no way to escape the fact that these lawsuits are real," said Anthony Bell, executive director of the Los Angeles area CALA. "But the scary thing is we're paying for them."

· It wasn't a ghost, just a flying T-shirt: (Burbank, CA). A man in the audience to watch "The Tonight Show" sued the show, NBC and Jay Leno after he was struck in the face with a souvenir T-shirt. Claiming pain and suffering, disability, lost wages, emotional distress, humiliation and embarrassment, the man asked for $25,000. (Los Angeles Times, online edition, 12/5/99)

· Cancel Halloween (again), "fright" really is a cause of action: (New York, NY). After experiencing 28 seconds of turbulence on an airline flight, 12 passengers heaved up a lawsuit over their "fear of dying." They won $2 million. (Miami Herald, July 25, 2000)

· A victim of the "witches brew": (Las Vegas, NV). A California man sued the Las Vegas Hilton and Mandalay Bay Hotel Casino claiming the casinos were negligent in allowing him to gamble away more than $1 million while he was drunk. He is seeking unspecified compensatory and punitive damages, and he wants the casinos to be precluded from seeking to prosecute him criminally. (Las Vegas Sun, January 12, 2000)

· Attack of the Killer Sneakers: (New York, NY). A woman sued the Nike corporation earlier this year claiming that her sneakers caused her to fall while running and permanently injure her wrist. She sued for $10 million, claiming negligence, product liability and breach of warranty. (Reuters, April 6, 2000).

· Next time try lightning. It worked for Dr. Frankenstein when he needed to jump-start a brain: (Tampa, FL). A Florida man went out for some drinks and, after working up a good drunken stupor, climbed up a transformer tower. He was shocked by 13,000 volts of electricity and thrown nearly 40 feet. He then sued six bars and stores that "negligently served or sold him alcohol." He also sued the Tampa Electric company, saying the utility didn't do enough to prevent him from breaking into the fenced, gated and locked substation and scaling the transformer. (Reuters, March 3, 2000).

· Speaking of Dr. Frankenstein, and misplaced body parts: (New York, NY). A New York jury awarded a former exotic dancer $30,000 to compensate her for the "anguish" she suffered when a doctor used silicone breast implants to enlarge her buttocks. The doctor claims he did everything by the book. The plaintiff said, "I looked like I had two (breasts) on my butt." (Associated Press, June 12, 2000).

· Wrath of the snake woman: (Santa Ana, CA). A local telephone company erroneously listed an attorney's name under "Reptiles." It was an error that became the source of jokes everywhere from local newspapers to Jay Leno. Being of something less than good humor, the attorney filed a libel lawsuit seeking $100,000 in damages from the phone company. (Los Angeles Times, April 25, 2000).

· Haunted by Lawsuits: (London and Tennessee). Six years after the famous McDonalds "hot coffee lawsuit" made the US civil justice system the laughingstock of the world, McDonalds has remained a favorite target of lawsuits over food mishaps. In London, several McDonalds customers are suing over hot coffee, hot tea and even hot water. In Tennessee, it was a pickle that did the damage, as a woman sued the restaurant for $110,000 after a hot pickle from a hamburger fell on her chin. (Reuters, August 2, 2000 and The Los Angeles Times, October 8, 2000)
Re: Have things gotten this bad in the UK courts y - dan
Fun/Distressing reading.

There is fortunately something called a duty of care in this country UK (all corrections welcome) where a defendant must show that all REASONABLE precautions were taken to avoid such mishaps and that the incident itself could not have been forseen within these parameters. 'Reasonable' gives discretion for sure and l think the whole process remains sane because there are a lot of 'reasonable' (perhaps even old school) members of the legal profession who have a genuine desire to see justice done.

The US system would appear IMHO to now be riddled with fresh out of college lunatic-lawyers with dollar signs for eyes who's primary motivation is money not justice. There isn't that basic motivation of doing the right thing for fellow man.

It only takes a concentration of these types to detach a court case from reality to a plane where even a seasoned judge cannot stop these ludicrous situations from arising. Controls on the amounts of money paid to the legal profession would perhaps remove this blindness, but l can guess this will not happen as the legal-poiltical connections tend to be very strong

dan