| Loony Lawsuits |
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| ::darkshadows:: (blood@thirsty.net) |
2008/02/12 00:31 |
Loony Lawsuits
ARSONISTS SUE FOR INSURANCE BENEFITS AFTER BEING DENIED COVERAGE FOR
DAMAGES THEY CAUSED TO NEIGHBORING BUILDING
Two Alpena, Michigan men set an arson fire in their store with the
hope of collecting insurance money. They admitted that they intended
to simply have a small, smokey fire that would damage their inventory,
which apparently wasn't selling very well, so they could collect on
their insurance policy. However, when the fire spilled over into the
adjoining store, the men sued the insurance company. They argued that
they set the fire in their own store, but that the fire next door was
accidental and therefore they should receive coverage for the damage
to the other building. A panel of the state Court of Appeals amazingly
reversed the trial court's decision to dismiss this ridiculous case,
but the Michigan Supreme Court, in a unanimous decision, eventually
reversed the Court of Appeals and ruled that the fire "cannot be
characterized as an accident."
DRUNKEN PARTIER SUES POLICE
FOR NOT ARRESTING HER
After a police officer decided not to take an intoxicated woman into
custody, she sued him. She admitted that she could not remember most
of the events that night, only that she was too drunk to drive (she
also admitted that she was too drunk to rely on any promises possibly
made by the officer). This case was dismissed by a lower court, and
the Appeals Court agreed, ruling that the police officer had no duty
to place her in protective custody.
INMATE BLAMES STATE FOR HIS
FLATULENCE, THEN SUES
According to a Michigan Assistant Attorney General testifying before
the Michigan Senate Judiciary Committee, frivolous prisoner lawsuits
are overburdening state and federal courts. In Case No. 9650302, a
prisoner sued the state blaming the food in prison for his flatulence
problem. The Attorney General's Office estimates the annual cost of
defending the state against frivolous prisoner lawsuits to be several
million dollars, all paid for by the state taxpayer.
SPILLED COFFEE LEADS TO LAWSUIT AGAINST POPULAR MICHIGAN TRAVEL STOP
Oasis Truck Stop, a popular travel stop located at the intersection of
M59 and US23 in Hartland, was sued by a customer who spilled coffee on
herself. The makers of the coffee machine and coffee mug were also
sued. The customer's lawyer claimed the coffee was too hot, yet the
temperature of the coffee was shown to be exactly what it should have
been according to accepted industry standards. Amazingly, a panel of
"objective" mediators appointed by the court suggested a settlement
that would have rewarded the customer with $62,500. Later, a jury
found the defendants not guilty of any negligence and awarded zero
dollars, but only after considerable cost to the defendants.
WOMAN SUES CHILD AFTER ICE SKATING COLLISION
A 12 year old girl was skating at a public ice rink in Berkley,
Michigan when she ran into another skater and knocked her down causing
a knee injury to the fallen skater. The injured woman sued the girl.
The trial court dismissed the case saying that the child's manner was
not reckless. The trial court stated that the accident occurred during
an open skating session at the ice rink and that there are certain
risks that must be assumed by participants in recreational activities,
especially on ice which is in itself dangerous because of its slippery
and hard nature. Sadly, a panel of the Court of Appeals reversed the
trial court decision and allowed the case to go to trial. Fortunately
for the girl and her family, the Supreme Court reversed the Court of
Appeals stating that "When one combines the nature of ice with the
relative proximity of skaters of various abilities, a degree of risk
is readily apparent..."
HOMEOWNER SUES SAYING:
"THIS DUST IS TRESPASSING!"
A Michigan couple sued the owners of a nearby business claiming that
dust, noise and vibrations invaded their property and therefore were
trespassing. A jury actually found in their favor, but a Court of
Appeals panel overturned the jury's verdict. The Appeals court stated
that noise, vibrations and dust are intangible objects and can not be
considered as trespassers.
HOMEOWNERS SUED BY CLEANING LADY WHO MISTAKES FIRECRACKER FOR A CANDLE
A woman from Grand Haven, Michigan filed a lawsuit for more than
$25,000 after she was injured by a firecracker she took from a
condominium that she had cleaned. While dining later with friends at a
restaurant, the woman lit the firecracker claiming that she mistakenly
thought it was a decorative candle. The explosion resulted in severe
injuries to the woman. She sued the owners of the condo for leaving
the firecracker behind without a warning on it. The condo owners said
that they had placed the device, which looks like a "huge
firecracker," in a cupboard to keep it away from the children after
someone left it at their house after a party.
BOWLER'S LAWSUIT IS A REAL TURKEY
A woman sued a bowling alley claiming she slipped and fell on an icy
pothole which resulted in a disc herniation. She claimed no previous
back problems, but her medical records showed numerous lower back
problems over the past 10 years, and she was diagnosed with lumbar
radiculitis the previous year. Bowling alley league records proved
that she completed the remaining 14 WEEKS of the season after the
alleged fall. In addition, a meteorologist testified that weather
conditions for that day could not have formed ice. A jury determined
that the bowling alley was not at fault.
COLLEGE STUDENT INJURED BY
JOCK SUES THE COLLEGE DEAN
A college student who was attacked by a student-athlete sued the dean
of judicial affairs for negligence. The student-athlete had previously
attacked two other people and, because of this, the victim claimed
that the dean should have known of the athlete's violent tendencies.
The Appeals Court ruled that the trial court was correct in dismissing
the case because there is no existing special relationship between
athletes on scholarship and an associate dean of student judicial
affairs. The Court stated that the defendant was entitled to costs and
attorney fees since the victim's lawsuit was "vexatious and without
any reasonable basis for a belief in its merit."
PASSENGER ON CITY BUS TRIES TO
CASH IN AFTER MINOR ACCIDENT
In Detroit, a passenger on a city bus sued when the bus was rear-ended
by a van, causing only a cracked taillight and split hose. The woman
claimed she was thrown about the bus and injured. However, the bus
driver testified that the air brakes where on and that the passengers
boarding the bus did not move at the time of the collision. A Wayne
County Circuit Court jury found no injury.
BASKETBALL PLAYER TRIPS ON
ROCKS, SUES HOMEOWNER
During a pickup basketball game, a man tripped and fell over
decorative rocks along a driveway where the basketball net was
located. He then sued the homeowner. The injured man's friend
testified that he had not only noticed the rocks but also pointed them
out. The man denied seeing the rocks but admitted that if he had
looked up he would have seen them. The trial court judge found that
the property owner was not at fault since the rocks were open and
obvious. The Court of Appeals agreed.
WOMAN IN WHEELCHAIR ROLLS INTO PARKING GATE, BUT HER LAWSUIT GETS
WHEELED
OUT OF COURT
While an employee of Hutzel Hospital was being pushed in a wheelchair
through an entrance ramp that was not intended to be used by people in
wheelchairs, she was struck in the head by a parking gate. The woman
sued the makers of the gate for causing her closed head injuries and
shoulder and neck pains. Other employees of the hospital stated that
the ramp was not meant for wheelchairs and that there was a walkway
next to the parking lot that accommodated wheelchairs. The jury found
the maker of the gate not to be at fault.
TRESPASSER TRIPPED UP IN COURT
When a man let his two dogs out of his house, they began chasing
something and ran across neighbor's property. When the dog owner
chased his dogs over the neighbor's property, he injured himself when
he stepped into a snow-covered fence post hole and fell. He sued the
property owner for negligence. The Appeals Court agreed with the lower
court's decision to dismiss the case saying that since the man was
trespassing, the owner of the property was not required to make sure
his property was safe from people falling in the snow-covered hole.
SWINGSET MANUFACTURER SUED
AFTER 20-YEAR OLD SWING BREAKS
A six year-old plaintiff was awarded nothing from an Oakland County
jury for his lawsuit against a swing manufacturer that he alleged had
a faulty design. The child allegedly fell off a swing at a public park
because the seat was wobbly and loose. However the manufacturer
testified that the swing was over twenty years old and that it had
been altered, in particular the lock washers that kept the seat stable
were missing.
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