|
------------------------------------------------------------------------
True Stella Awards #58: 31 January 2005 www.StellaAwards.com
-------------------------------------------------------------------------
The TRUE Stella Awards -- 2004 Winners
by Randy Cassingham
Issued 31 January 2004
Unlike the FAKE cases that have been highly circulated online for the
last several years (see http://www.StellaAwards.com/bogus.html for
details), the following cases have been researched from public sources
and are confirmed TRUE by the ONLY legitimate source for the Stella
Awards: www.StellaAwards.com . To confirm this copy is legitimate, see
http://www.StellaAwards.com/2004.html
You may forward this issue, so long as you send it in its entirety.
MEDIA OUTLETS: See http://www.thisistrue.com/2004.html *BEFORE* running
the awards! (That page will have any updates and corrections, too.)
-v-
#6: The Tribune Co. of Chicago, Ill. The newspaper chain owns several
newspapers, as well as the Chicago Cubs baseball team. One of its
newspaper carriers was Mark Guthrie, 43, of Connecticut. One of its
ball players was Mark Guthrie, 38, of Illinois. The company's payroll
department mixed the two up, putting the ballplayer's paycheck into
the paper carrier's bank account. The carrier allowed them to take
back 90 percent of the improperly paid salary, and said they could
have the rest after they gave him a full accounting to ensure he not
only got his own pay, but wouldn't have any tax problems for being
paid $300,000(!) extra. The Tribune Co., rather than provide that
reasonable assurance, instead sued him for the rest of the money.
#5: "High Tech" retailer Sharper Image sells a lot of its "Ionic Breeze"
air filters. As part of a comparative review of many air filters,
Consumer Reports magazine found the "Ionic" unit was the worst
performer. SI complained, saying it didn't do a "fair" test. CU asked
what sort of test should be done, but SI never replied -- until it
sued CU. A federal judge ruled the suit not only had no merit, but was
actually an illegal attempt to squelch public discussion. SI was
ordered to pay CU $400,000 to cover its legal defense costs.
#4: Edith Morgan, mother of Kansas City Chiefs football star Derek
Thomas, who died after being thrown from his SUV in a crash while
speeding in a snowstorm. Morgan said Thomas's neck was broken because
the SUV's roof collapsed a few inches -- not from rolling down the
highway because he wasn't wearing a seatbelt -- and sued General
Motors. Her lawyer begged jurors to award more than $100 million in
damages, perhaps more -- he "did not want to put an upper limit on
it." GM pointed out that Thomas's oversize SUV was exempt from federal
roof crush standards, yet it met them anyway. The jury sent a message:
of that $100 million, it awarded Morgan ...nothing.
#3: Tanisha Torres of Wyndanch, N.Y. The woman sued Radio Shack for
misspelling her town as "Crimedanch" on her cell phone bill. She
didn't even ask them to change it; she just sued. "I'm not a
criminal," she whined. "My son plays on the high school football
team." Yeah, that makes sense. The name "Crimedanch" is a common joke;
police in the area confirm it's a high-crime area. Still, Torres
claimed she suffered "outrage" and "embarrassment" at having to see
that spelling on her private phone bill. The suit seeks unspecified
damages.
#2: Homecomings Financial, a subsidiary of GMAC Financial Services, which
is a division of General Motors. The finance company accepted a change
of address notice from identity thieves for the account belonging to
Robert and Suzanne Korinke. The thieves ran up a $142,000 debt, and
the Kerinkes notified Homecomings of the fraud the moment they
discovered it. Homecomings sued them two years later, saying the
couple's "negligence" is what "caused the injury to Homecomings," not
the fact that the company accepted a change of address from fraudsters
-- and then gave them all the money they could drain. The victims got
the company to drop the suit, which demanded $74,000 plus attorney's
fees, after shelling out $5,000 in legal fees -- an outcome their
lawyer called "really lucky".
AND THE WINNER of the 2004 Stella Award: Mary Ubaudi of Madison County,
Ill. Ubaudi was a passenger in a car that got into a wreck. She put
most of the blame on the deepest pocket available: Mazda Motors, who
made the car she was riding in. Ubaudi demands "in excess of $150,000"
from the automaker, claiming it "failed to provide instructions
regarding the safe and proper use of a seatbelt." One hopes Mazda's
attorneys make her swear in court that she has never before worn a
seatbelt, has never flown on an airliner, and that she's too stupid to
figure out how to fasten a seatbelt.
-v-
TO CONFIRM THE VALIDITY OF THESE CASES, get more information on the True
Stella Awards, or sign up for a free e-mail subscription to new cases
as they are issued, see http://www.StellaAwards.com/2004.html
WANT TO SEE THE FULL WRITE-UPS of all of these cases? A PDF file is
available for a small fee. See the 2004 page for info.
NOTE: If the write-up doesn't state an outcome for a case, it's probably
still pending. Unlike the fantasy world of the urban legend Stella
Awards, in real life the courts are so clogged, and "justice" so slow,
that it can take many years for a case to conclude. Sorry, but there
are no pat endings in the real world. If YOU hear of an update, please
DO send us a URL so we can update our readers. Thanks.
Copyright 2005 www.StellaAwards.com . This message may be forwarded as
long as it remains complete and unaltered.
----------==========**********O**********==========----------
Stop Goal Setting and Start Goal Getting Now
Now Is Your Chance to Get This 7-Part e-Course
Plus Great Motivation Articles and Tips
For a Limited Time Get a Bonus Book When Registering
Start Your Journey to Success:
http://www.PowerMeUp.com/tsa
----------==========**********O**********==========----------
CASE UPDATES
BIG GAME HUNTER Rolf Rohwer sued the manufacturer of the cartridge he
used in his rifle to shoot a charging lion during an African safari.
As reported in TSA #26, the lawyer for the "professional" hunter said
the bullet he chose to load was "not suitable for killing a charging
lion. It's suitable for killing a lion over a period of time. The lion
died basically while chewing on my client."
Rohwer's lawsuit against Federal Cartridge Co. of Minnesota charged
defective design and "failure to warn" over that defect. But U.S.
Distr
|
| |
| |
Why am I supposed to be enraged, and
demand that my elected representatives
reform torts, when here, and in the similar
M-Law whiplash awards, it appears that
justice has been well served.
People came up with ideas that were
somewhere between whacky and
colorably rational, brought suit, and
were properly told they were wrong.
As for these cases, I don't know what
Mazda seatbelts are like, but I have been
in cars which had seatbelt designs that
were difficult enough that I didn't bother;
I don't know until all the facts come in
that the Korinkes did nothing to leave
the door open to the identity theives,
I don't know what went on that left
the paperboy insisting that he should
keep the $30,000 he didn't earn, and
so forth.
It seems we've already got a working
system in place.
--
- David Chesler <chesler@post.harvard.edu>
Iacta alea est
|
| |
| |
David Chesler wrote:
Why am I supposed to be enraged, and
demand that my elected representatives
reform torts, when here, and in the similar
M-Law whiplash awards, it appears that
justice has been well served.
People came up with ideas that were
somewhere between whacky and
colorably rational, brought suit, and
were properly told they were wrong.
Well, don't go clouding the debate with reason!
Seriously, the fallacy in the whole "tort reform" platform is that it
rests on the purported need to curb frivolous lawsuits -- or its
recently born cousin, "junk" lawsuits (which have not yet been defined
anywhere that I've seen). Why is that a fallacy? Because those
lawsuits would not be affected *at all* by the most often-touted remedy
-- damage caps. A minor or non-existent claim couldn't possibly touch
the cap unless it is so low as to effectively eliminate any remedy
available for meritorious claims.
|
| |
| |
|
