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Subject: Another Rediculous Lawsuit
Leo the dog's killer claims mental anguish in suit
MAN ALSO CHARGES HE SUFFERED INJURIES IN CRASH WITH WOMAN
By Dan Reed
Mercury News
Andrew Burnett, in prison for flinging a bichon frisé dog into traffic during a fit of road rage three years ago, is suing the dead dog's former owner and the Mercury News for causing him everything from mental anguish to post-traumatic stress disorder over the matter.
Filed Feb. 19 in Santa Clara County Superior Court, Burnett's suit also claims he suffered spinal and neck injury when Sara McBurnett's car bumped his on a rainy night in February 2000. It was then that an enraged Burnett sprang from his sport-utility vehicle to confront McBurnett. When she rolled down her window to apologize, he reached inside, grabbed the dog named Leo and tossed him into oncoming traffic, where he was fatally struck.
The sudden act of violence generated international headlines, which Burnett is blaming on the Mercury News and McBurnett to the tune of more than $1 million.
Told of the lawsuit Wednesday, McBurnett was outraged.
His attorney ``must be a weasel,'' McBurnett said.
Turns out, Burnett is representing himself.
He filed the suit from the Sierra Conservation Center, the prison to which he was sentenced for the three-year maximum in July 2001.
In the complaint, Burnett claims McBurnett tried to hide the extent of damage to her car, supposedly to make the fender-bender less dramatic than it was and minimize the possibility of his injuries. He also accused her of saying defamatory things about him to the media. And he blames the Mercury News for ``knowingly and maliciously'' printing such libel.
Because of all this, the suit claims that Burnett has suffered, among other things, ``mental pain and anguish, humiliation, embarrassment, fright and shock, and mortification.'' He also complains about a loss of wages.
McBurnett said her car only tapped his, and that she'd shown the damage to the San Jose Police Department.
``Everything he says is a lie,'' said McBurnett, who has a new bichon frisé, this one named Stormy. ``He's been established as a pathological liar. He was found guilty in a court of law by a jury.''
Said James Chadwick, attorney for the Mercury News: ``This is pretty much the definition of a frivolous lawsuit.''
On Feb. 20, a judge denied Burnett's request that the county waive all court fees and costs.
--------------------------------------------------------------------------------
Subject: Re: Another Rediculous Lawsuit
This is an email I received recently:
2002 Stella Awards
These cases justify why our Justice system needs some major tweaking....
It's time once again to consider the candidates for the annual Stella
Awards. The Stella's are named after 81-year-old Stella Liebeck who
spilled
coffee on herself and successfully sued McDonalds. That case inspired
the
Stella awards for the most frivolous successful lawsuits in the United
States.
The following are this year's candidates:
1. 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
inside a furniture store. The owners of the store were understandably
surprised at the verdict, considering the misbehaving little toddler was
Ms.
Robertson's son.
2. A 19-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 hub caps.
3. 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 since the automatic door opener was malfunctioning.
He
couldn't reenter the house because the door connecting the house and
garage
locked when he pulled it shut. The family was on vacation, and 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. He sued the homeowner's
insurance claiming the situation caused him undue mental anguish. The
jury
agreed to the tune of $500,000.
4. 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. The award
was
less than sought because the jury felt the dog might have been just a
little
provoked at the time by Mr. Williams who was shooting it repeatedly with
a
pellet gun.
5. 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 (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier during an argument.
6. Cara Walton of Claymont, Delaware, successfully sued the owner of a
night
club 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.
7. This year's favorite could easily be Mr. Merv Grazinski of Oklahoma
City,
Oklahoma. Mr. Grazinski purchased a brand new 32-foot Winnebago motor
home.
On his first trip home, having driven onto the freeway, he set the
cruise
control at 70 mph and calmly left the drivers seat to go into the back
and
make himself a cup of coffee. Not surprisingly, the R.V. left the
freeway,
crashed and overturned. Mr. Grazinski sued Winnebago for not advising
him in
the owner's manual that he couldn't actually do this. The jury awarded
him
$1,750,000 plus a new motor home. The company actually changed their
manuals
on the basis of this suit, just in case there were any other complete
morons
buying their recreation vehicles.
Subject: Re: Another Rediculous Lawsuit
Quoting:
1. 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
inside a furniture store. The owners of the store were understandably
surprised at the verdict, considering the misbehaving little toddler was
Ms.
Robertson's son. End Quote
Idiot! Absolute f***ing idiot!
Quoting:
2. A 19-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 hub caps. End Quote
Who are these lawyers? Let's kill them. Idiots!
Quoting:
3. 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 since the automatic door opener was malfunctioning.
He
couldn't reenter the house because the door connecting the house and
garage
locked when he pulled it shut. The family was on vacation, and 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. He sued the homeowner's
insurance claiming the situation caused him undue mental anguish. The
jury
agreed to the tune of $500,000. End Quote
What the hell kind of f***ed up country do we live in when we side with criminals? Motherf**************** idiots!
Quoting:
4. 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. The award
was
less than sought because the jury felt the dog might have been just a
little
provoked at the time by Mr. Williams who was shooting it repeatedly with
a
pellet gun. End Quote
They should have found for the dog. Idiots!
Quoting:
5. 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 (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier during an argument. End Quote
Why are we rewarding idiocy? Morons! Imbeciles! Idiots!
Quoting:
6. Cara Walton of Claymont, Delaware, successfully sued the owner of a
night
club 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. End Quote
She could have just shown her breasts, but noooooo...IDIOT!
Quoting:
7. This year's favorite could easily be Mr. Merv Grazinski of Oklahoma
City,
Oklahoma. Mr. Grazinski purchased a brand new 32-foot Winnebago motor
home.
On his first trip home, having driven onto the freeway, he set the
cruise
control at 70 mph and calmly left the drivers seat to go into the back
and
make himself a cup of coffee. Not surprisingly, the R.V. left the
freeway,
crashed and overturned. Mr. Grazinski sued Winnebago for not advising
him in
the owner's manual that he couldn't actually do this. The jury awarded
him
$1,750,000 plus a new motor home. The company actually changed their
manuals
on the basis of this suit, just in case there were any other complete
morons
buying their recreation vehicles.
End Quote
Too bad he didn't die. Stupid moronic idiot!
OOOOOH...that was refreshing. *relaxed breathing*
Oh yeah, to the topic at hand: IDIOT!!!
:D
Subject: Re: Another Rediculous Lawsuit
(Extreme Sarcasm alert) ;D
what we need is more lawyers. I don't think we have enough in this country.
Subject: Re: Another Rediculous Lawsuit
Quoting:
(Extreme Sarcasm alert) ;D
what we need is more lawyers. I don't think we have enough in this country.
End Quote
We need less DUMB lawyers ::)
I might apply to law school in a couple years ;) Change of pace, it might be interesting :D
Subject: Re: Another Rediculous Lawsuit
Quoting:
Leo the dog's killer claims mental anguish in suit
MAN ALSO CHARGES HE SUFFERED INJURIES IN CRASH WITH WOMAN
By Dan Reed
Mercury News
Andrew Burnett, in prison for flinging a bichon frisé dog into traffic during a fit of road rage three years ago, is suing the dead dog's former owner and the Mercury News for causing him everything from mental anguish to post-traumatic stress disorder over the matter.
Filed Feb. 19 in Santa Clara County Superior Court, Burnett's suit also claims he suffered spinal and neck injury when Sara McBurnett's car bumped his on a rainy night in February 2000. It was then that an enraged Burnett sprang from his sport-utility vehicle to confront McBurnett. When she rolled down her window to apologize, he reached inside, grabbed the dog named Leo and tossed him into oncoming traffic, where he was fatally struck.
The sudden act of violence generated international headlines, which Burnett is blaming on the Mercury News and McBurnett to the tune of more than $1 million.
Told of the lawsuit Wednesday, McBurnett was outraged.
His attorney ``must be a weasel,'' McBurnett said.
Turns out, Burnett is representing himself.
He filed the suit from the Sierra Conservation Center, the prison to which he was sentenced for the three-year maximum in July 2001.
In the complaint, Burnett claims McBurnett tried to hide the extent of damage to her car, supposedly to make the fender-bender less dramatic than it was and minimize the possibility of his injuries. He also accused her of saying defamatory things about him to the media. And he blames the Mercury News for ``knowingly and maliciously'' printing such libel.
Because of all this, the suit claims that Burnett has suffered, among other things, ``mental pain and anguish, humiliation, embarrassment, fright and shock, and mortification.'' He also complains about a loss of wages.
McBurnett said her car only tapped his, and that she'd shown the damage to the San Jose Police Department.
``Everything he says is a lie,'' said McBurnett, who has a new bichon frisé, this one named Stormy. ``He's been established as a pathological liar. He was found guilty in a court of law by a jury.''
Said James Chadwick, attorney for the Mercury News: ``This is pretty much the definition of a frivolous lawsuit.''
On Feb. 20, a judge denied Burnett's request that the county waive all court fees and costs.
--------------------------------------------------------------------------------
End Quote
I hope he gets the judge from the recent McDonalds v fat kids case.
As for the others: What Rice said!
Subject: Re: Another Rediculous Lawsuit
Quoting:
(Extreme Sarcasm alert) ;D
what we need is more lawyers. I don't think we have enough in this country.
End Quote
As Speakspeare once said, "First thing we do is kill all the lawyers." (or something like that.)
Cat
Subject: Re: Another Rediculous Lawsuit
Quoting:
As Speakspeare once said, "First thing we do is kill all the lawyers." (or something like that.)
Cat
End Quote
Henry VI part II, Act IV. Scene II.
Dick: The first thing we do, let's kill all the lawyers.
;)
Subject: Re: Another Rediculous Lawsuit
Quoting:
Henry VI part II, Act IV. Scene II.
Dick: The first thing we do, let's kill all the lawyers.
;)
End Quote
Thanks. I wasn't too sure if I had the exact quote but the meaning was still the same.
Cat
Subject: Re: Another Rediculous Lawsuit
Quoting:
I might apply to law school in a couple years ;) Change of pace, it might be interesting :D
End Quote
Don't get me wrong, not all lawyers are bad, just 99.9% of them. ;D
Rice, I have confidence you would be in the .1% of the good ones. ;) 8)
Subject: Re: Another Rediculous Lawsuit
Quoting:
Don't get me wrong, not all lawyers are bad, just 99.9% of them. ;D
Rice, I have confidence you would be in the .1% of the good ones. ;) 8)
End Quote
Thanks man, appreciate it ;)
I know that most law schools I've looked at have mission statements that talk about community service and the betterment of society. Too bad the lawyers forgot :(
Subject: Re: Another Rediculous Lawsuit
Thansks (sorta) for posting those others Rice, I can't believe that they find jurys to award these people. >:(
Subject: Re: Another Rediculous Lawsuit
These are the kinds of emails I live for, because I love to debunk them.
Quoting:You may have received an e-mail that contains this unbelievable story: A man sets his Winnebago motor home on cruise control and gets up to make a cup of coffee in the moving vehicle. It crashes. He sues the manufacturer for failing to tell him to stay in the driver's seat. A jury awards him $1.75 million and a new motor home, and the company changes its handbook.
There's a simple reason this story sounds unbelievable. IT'S PHONY. THE CASE NEVER HAPPENED. It's fabricated and so are six other "lawsuits" summarized in the same e-mail, which has been widely circulated in various forms on the Internet over the last few years.
The e-mail of anonymous origin claims that the Winnebago case is the latest winner of the annual "Stella Award" for the most frivolous lawsuit in the United States. "Stella" is a mocking reference to Stella Liebeck, an elderly woman who won a lawsuit against McDonald's. Some versions of the e-mail claim she "won $2.9 million for spilling a cup of McDonald's coffee on herself." That, too, is a myth.
The 2002 version of the e-mail reads as follows: (read above email from Thunderbolt)
Trial lawyers aren't the only ones who say these cases are fake.
The "Stella" e-mail has been branded "false" by Snopes.com, a widely respected Web site dedicated to rooting out urban and Internet myths. According to Snopes.com, "all of the entries in the list are fabrications - a search for news stories about each of these cases failed to turn up anything, as did a search for each law case."
In fact - bizarrely - even the self-proclaimed creators of the "Stella Award" agree that Snopes.com is right when it says the Winnebago case and its fellow "nominees" are fake! They claim they had nothing to do with the e-mail currently in circulation.
Snopes.com's analysis of this phony e-mail also mentions that "some versions bear the following footer, although many omit it."
"PLEASE ASSIST OUR LAW OFFICES IN A TORT REFORM PROGRAM. WE ARE ATTEMPTING TO PUT A STOP TO THESE INSANE JURY AWARDS BY SENDING THIS E-MAIL OUT TO THE PUBLIC IN THE HOPES OF SWAYING PUBLIC OPINION. PLEASE FORWARD IT TO EVERY EMAIL ADDRESS YOU KNOW.
Mary R. Hogelmen, Esq.
Law Offices of Hogelmen, Hogelmen, and Thomas
Dayton Ohio"
As Snopes.com points out, "here is no law firm of Hogelmen, Hogelmen, and Thomas in Dayton, Ohio, as a call to directory assistance quickly confirmed. This detail was included to give the mailing credibility in the eyes of those who received it - if a law firm had pulled this list together to build grassroots support for its tort reform program, then it went without saying a pack of lawyers had properly researched each item and were guaranteeing the information provided. But of course this detail was as false as everything else in the e-mail."
Unfortunately, the seven cases in the "Stella" e-mail aren't the only fake lawsuits in circulation. An earlier version of the e-mail included another phony case about a microwaved poodle. Phony lawsuits are a common problem on the Internet and even in mainstream newspaper articles. They all share one characteristic - no citation to a source.
So where do these cases come from? All indications are that they're part of a massive campaign by corporate America and its allies to propagandize for tort "reform" - limits on the legal rights of individuals to hold corporate wrongdoers accountable for causing death and injury. Another common strategy is to cite outrageous cases without disclosing the fact that they were dismissed by a judge shortly after being filed.
As Snopes.com notes, such dismissals prove that America's civil-justice system works and that there are adequate safeguards against baseless cases. But big business interests don't want working Americans to understand that.
Corporate lobby groups like the U.S. Chamber of Commerce - which has launched a multimillion-dollar advertising war against trial lawyers - intentionally mislead the public in an attempt to convince Americans that our legal system is broken and needs fixing. They want Americans to distrust their fellow citizens who serve on juries - our friends, relatives, neighbors and coworkers.
The truth is that businesses are the biggest users and abusers of the legal system. According to the American Bar Association, the number of contract cases (in which businesses often initiate the lawsuit) filed in state courts in 2000 was 50 percent higher than the number of injury cases by individuals. In addition, the number of product liability lawsuits by consumers against businesses declined about 20 percent between 1996 and 2000, the ABA says.
A report by two national consumer groups found that corporate America is hypocritical when it comes to our legal system - seeking to destroy individual rights while "maintaining unfettered access to our nation's courts as their own private playground." The report found that "American businesses often file anti-competitive litigation, designed to intimidate or harass." The complete report by Public Citizen and Citizen Action is available at http://www.atla.org/homepage/NAM.pdf.
Here are just a few examples of ridiculous cases filed by businesses: John Deere & Company sued Farmhand Inc. for allegedly using the same color green on its front-end loaders as Deere used on its tractors. Hormel Foods, the maker of SPAM luncheon meat, sued to stop the creator of the Muppets from naming a wild boar "Spa'am" in a movie. The claim? SPAM sales would suffer from being linked to "evil in porcine form." For the record, both cases were dismissed - as they should have been.
What can you do to stop the spread of lies about our civil justice system? A prompt written response is the best tactic, whether it's a note to a well-meaning person who forwards fake cases on the Internet or a letter to a newspaper that publishes misleading information. With dubious e-mails, ask the sender for more details, especially the case names or citations. In most instances, these details can't be provided because they don't exist.
Be suspicious of newspaper stories that list outrageous cases without citations. A quick "key word" search on the Internet often will reveal that the cases were dismissed long ago or don't say what the article claims they say. And sometimes even those cases reported by news organizations never existed.
Remember, things like the "Stella Award" aren't just cute or harmless jabs at trial lawyers and our legal system. They clearly are part of a massive disinformation campaign designed to undermine Americans' confidence in our legal system and to benefit powerful corporate interests at the expense of average people harmed by corporate wrongdoing and indifference.
We're all responsible for getting the truth out.End Quote
Subject: Re: Another Rediculous Lawsuit
Sorry, Thunderbolt. These are all bogus. http://www.stellaawards.com/bogus.htmlThey keep sending out the same ones, just changing the year.
Subject: Re: Another Rediculous Lawsuit
Enjoy :D
What do lawyers and sperm have in common?
Only one in two million ever does anything worthwhile.
--------------------------------------------------------------------------------
“Lawyer: An individual whose principal role is to protect his clients from others of his profession.”
-- Anonymous
Any time a lawyer is seen but not heard, it’s a shame to wake him
How many lawyers does it take to change a lightbulb?
Fifty-Four.
* 8 to argue
* 1 to get a continuance
* 1 to object
* 1 to demur
* 2 to research precedents,
* 1 to dictate a letter
* 1 to stipulate
* 5 to turn in their time cards
* 1 to depose
* 1 to write interrogatories
* 2 to settle
* 1 to order a secretary to change the bulb, and
* 28 to bill for professional services
and my personal favorite:
“In the Halls of Justice the only justice is in the halls.”
-- Lenny Bruce