Justice Run Amok: Frivolous Lawsuits

In August, a woman filed a lawsuit in Orange, Texas, against the manufacturer of the Sea-Doo personal water vehicle, claiming negligent design, after she fell off the back end and directly into the powerful jet stream from the vehicle's water pump. According to the lawsuit, "The high-pressure stream ... penetrated her orifices, causing massive, mutilating injuries."

Kevin Hansen filed a lawsuit in West Bend, Wis., in August, claiming that spotting a clump of hair in a steak he sliced into from a Texas Roadhouse restaurant caused "severe and permanent injuries," pain, suffering and "disability," requiring "extensive medical treatment." In fact, said his lawyer Ryan Hetzel to Milwaukee's Journal Sentinel, "It's bothered the heck out of him." (The employee who prepared the steak was fired and later pleaded guilty to a felony, explaining that he was trying to retaliate because Hansen complained about a previous order.)

"I would like an apology," explained Michael Wax, who was ejected in July from the Borgata Hotel and Casino in Atlantic City because of customers' complaints about his body odor. "There's no question I stink. ... I do have an odor. I've been playing for 17 hours," said the 440-pound man. Nonetheless, Wax filed a complaint with the Casino Control Commission, claiming that he should not have been so rudely treated in front of other patrons.

After failing the West Virginia Bar Exam for the second time (during which he was given an extra day to complete it), Shannon Kelly filed a lawsuit in July demanding even more concessions based on his unspecified cognitive disability. The second failure was also on a special version of the exam in large type, and Kelly had been permitted to work in a room by himself. He now believes he can earn his license if he is allowed four days instead of the normal two, to make up for (according to his lawyer) "severe deficits in processing speed, cognitive fluency and rapid naming" (though it is not clear how many attorney jobs are available for someone with such a skills set).

About 10 years ago, reported LA Weekly in July, Southern California was awash with hysteria over household "toxic mold," in which lawyers convinced jurors that a wide range of illnesses was caused by fungi that previously had been minor irritants controlled by ordinary cleansers. (Centers for Disease Control mAin'tains there is no basis for such hysteria and that the only at-risk people are a tiny number vulnerable to specific fungi.) Among the mold alarmists then was announcer Ed McMahon, who famously received a multimillion-dollar settlement by claiming that mold killed his beloved dog. Recently, McMahon even more famously publicly lamented his potential bankruptcy, in large part because no one wanted to buy his house (although the reason now seems more the mortgage credit crisis than the home's alleged toxicity).

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