史上最低能的法律案件

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美国有个史特拉 (Stella) 奖,每年颁给最成功也最荒诞的诉讼案的原告律师和白痴陪审团。

史特拉奖以 Stella Rebecca 命名,她今年八十一岁,曾因边开车边喝热咖啡而烫了腿,成功告赢麦当劳而得到百万赔偿。


二零零二年入选的案子有:

一、德州奥斯丁

有位叫 Catherine Robertson 的妇女告赢一家家俱店得到七十八万美元的赔偿,

原因是她在该家俱店内奔跑时,被一小孩绊倒而扭伤了脚关节,

店员没有制止小孩在店内玩耍。

该小孩不是别人,正是她的儿子。


二、洛衫矶

一位十九岁的青年 Carl Truman 得到七万八千元外加医疗费用的赔偿,因为他的邻居开车压过他的手。

为什么会发生?

那位邻居开车时,没有注意到这位青年正在偷他汽车轮胎上的车盖。


三、宾州

有位笨贼名叫 Terence Dickson,他在一家住宅行窃,

当他试图从车库离开时,车库的自动开门装置坏了,门打不开,而回到房屋的门又关上锁住了。

不巧屋主在外度假,于是笨贼被困在车库达八天之久,只靠一罐可乐和一袋狗食度日。

义愤填膺的他怒告屋主的保险公司,赢得五十万元赔偿。


四、阿肯色小岩城

有位 Jerry William 屁股被隔壁邻居家的狼狗咬伤。

狗为何咬他?

因为他拿BB枪不停地打它,激怒了它。

法庭判决邻居赔他一万四千五百元,再加医疗费用。


五、费城

一家餐馆输掉官司,被迫付给一位来自宾州兰卡斯特的 Amber Carson 十一万三千五百元,因为地上湿滑跌碎尾骨。

地上为何会湿滑?

因为大约30秒前,她因争吵而将饮料泼向男友。


六、德拉瓦州克雷蒙

一位小姐 Cara Walton 为了逃避三块五的门票,想从厕所的窗户爬进一家夜总会,结果摔倒跌破两颗门牙。

结果她告赢了夜总会得到一万两千元,加上补牙的费用。


七、最后得奖的最有名的案子是奥克拉荷马的 Marv Gresinski 先生。

该天才买了一辆崭新的32尺长的旅行车(有床,有厕,有厨房的 motorhome)。

在回家的高速公路上,他把自动驾驶定在70英里的时速,就离开驾驶座到后面去煮咖啡了,

最后当然出了大车祸。

幸好该位老兄还活著,并且状告该车制造厂而得到175万元赔偿外加新车一辆,

理由是车子的说明书上没有说,不可以离开驾驶座到后面去煮咖啡。



案子过后,该制造厂真的把这一条加在说明书上了。美国有个史特拉 (Stella) 奖,每年颁给最成功也最荒诞的诉讼案的原告律师和白痴陪审团。

史特拉奖以 Stella Rebecca 命名,她今年八十一岁,曾因边开车边喝热咖啡而烫了腿,成功告赢麦当劳而得到百万赔偿。


二零零二年入选的案子有:

一、德州奥斯丁

有位叫 Catherine Robertson 的妇女告赢一家家俱店得到七十八万美元的赔偿,

原因是她在该家俱店内奔跑时,被一小孩绊倒而扭伤了脚关节,

店员没有制止小孩在店内玩耍。

该小孩不是别人,正是她的儿子。


二、洛衫矶

一位十九岁的青年 Carl Truman 得到七万八千元外加医疗费用的赔偿,因为他的邻居开车压过他的手。

为什么会发生?

那位邻居开车时,没有注意到这位青年正在偷他汽车轮胎上的车盖。


三、宾州

有位笨贼名叫 Terence Dickson,他在一家住宅行窃,

当他试图从车库离开时,车库的自动开门装置坏了,门打不开,而回到房屋的门又关上锁住了。

不巧屋主在外度假,于是笨贼被困在车库达八天之久,只靠一罐可乐和一袋狗食度日。

义愤填膺的他怒告屋主的保险公司,赢得五十万元赔偿。


四、阿肯色小岩城

有位 Jerry William 屁股被隔壁邻居家的狼狗咬伤。

狗为何咬他?

因为他拿BB枪不停地打它,激怒了它。

法庭判决邻居赔他一万四千五百元,再加医疗费用。


五、费城

一家餐馆输掉官司,被迫付给一位来自宾州兰卡斯特的 Amber Carson 十一万三千五百元,因为地上湿滑跌碎尾骨。

地上为何会湿滑?

因为大约30秒前,她因争吵而将饮料泼向男友。


六、德拉瓦州克雷蒙

一位小姐 Cara Walton 为了逃避三块五的门票,想从厕所的窗户爬进一家夜总会,结果摔倒跌破两颗门牙。

结果她告赢了夜总会得到一万两千元,加上补牙的费用。


七、最后得奖的最有名的案子是奥克拉荷马的 Marv Gresinski 先生。

该天才买了一辆崭新的32尺长的旅行车(有床,有厕,有厨房的 motorhome)。

在回家的高速公路上,他把自动驾驶定在70英里的时速,就离开驾驶座到后面去煮咖啡了,

最后当然出了大车祸。

幸好该位老兄还活著,并且状告该车制造厂而得到175万元赔偿外加新车一辆,

理由是车子的说明书上没有说,不可以离开驾驶座到后面去煮咖啡。



案子过后,该制造厂真的把这一条加在说明书上了。
只能说,人家的律师很NB
http://www.stellaawards.com/
还真有这个奖项。
The 2003 True Stella Awards Winners
by Randy Cassingham
Issued 21 January 2004

#8: Stephen Joseph of San Francisco, Calif. Joseph runs a non-profit group whose goal is to ban the "trans fats" used in many processed foods and which are indeed very unhealthy. But to help gain publicity for his cause, Joseph, an attorney, chose one food that uses trans fats -- Oreo cookies -- and sued Kraft Foods for putting the stuff in the snack. The resulting publicity over "suing Oreos" was so intense that Joseph dropped the suit after just 13 days. He never even served the suit on Kraft, showing that he had no interest in actually getting the case heard in court. What real cases got pushed aside during his abuse of the courts to get publicity for his pet organization?

#7: Shawn Perkins of Laurel, Ind. Perkins was hit by lightning in the parking lot Paramount's Kings Island amusement park in Mason, Ohio. A classic "act of God", right? No, says Perkins' lawyer. "That would be a lot of people's knee-jerk reaction in these types of situations." The lawyer has filed suit against the amusement park asking unspecified damages, arguing the park should have "warned" people not to be outside during a thunderstorm.

#6: Caesar Barber, 56, of New York City. Barber, who is 5-foot-10 and 270 pounds, says he is obese, diabetic, and suffers from heart disease because fast food restaurants forced him to eat their fatty food four to five times per week. He filed suit against McDonald's, Burger King, Wendy's and KFC, who "profited enormously" and asked for unspecified damages because the eateries didn't warn him that junk food isn't good for him. The judge threw the case out twice, and barred it from being filed a third time. Is that the end of such McCases? No way: lawyers will just find another plaintiff and start over, legal scholars say.

#5: Cole Bartiromo, 18, of Mission Viejo, Calif. After making over $1 million in the stock market, the feds made Bartiromo pay it all back: he gained his profits, they said, using fraud. Bartiromo played baseball at school, but after his fraud case broke he was no longer allowed to participate in extracurricular sports. Bartiromo clearly learned a lot while sitting in federal court: he wrote and filed his own lawsuit against his high school, reasoning that he had planned on a pro baseball career but, because he was kicked off the school's team, pro scouts wouldn't be able to discover him. His suit demands the school reimburse him for the great salary he would have made in the majors, which he figures is $50 million.

#4: Priest David Hanser, 70. Hanser was one of the first Catholic priests to be caught up in the sex abuse scandal. In 1990, he settled a suit filed by one of his victims for $65,000. In the settlement, Hanser agreed not to work with children anymore, but the victim learned that Hanser was ignoring that part of the agreement. The victim appealed to the church, asking it to stop Hanser from working near children, but the church would not intervene. "It's up to the church to decide where he works," argued the priest's lawyer. When the outraged victim went to the press to warn the public that a pedo priest was near children, Hanser sued him for the same $65,000 because he violated his own part of the deal -- to keep the settlement secret. The message is clear: shut up about outrageous abuse, or we'll sue you for catching us.

#3: Wanda Hudson, 44, of Mobile, Ala. After Hudson lost her home to foreclosure, she moved her belongings to a storage unit. She says she was inside her unit one night "looking for some papers" when the storage yard manager found the door to her unit ajar -- and locked it. She denies that she was sleeping inside, but incredibly did not call for help or bang on the door to be let out! She was not found for 63 days and barely survived; the formerly "plump" 150-pound woman lived on food she just happened to have in the unit, and was a mere 83 pounds when she was found. She sued the storage yard for $10 million claiming negligence. Even though the jury was not allowed to learn that Hudson had previously diagnosed mental problems, it found Hudson was nearly 100 percent responsible for her own predicament -- but still awarded her $100,000.

#2: Doug Baker, 45, of Portland, Ore. Baker says God "steered" him to a stray dog. He admits "People thought I was crazy" to spend $4,000 in vet bills to bring the injured mutt back to health, but hey, it was God's dog! But $4,000 was nothing: he couldn't even take his girlfriend out to dinner without getting a dog-sitter to watch him. When the skittish dog escaped the sitter, Baker didn't just put an ad in the paper, he bought display ads so he could include a photo. His business collapsed since he devoted full time to the search for the dog. He didn't propose to his girlfriend because he wanted the dog to deliver the ring to her. He hired four "animal psychics" to give him clues to the animal's whereabouts, and hired a witch to cast spells. He even spread his own urine around to "mark his territory" to try to lure the dog home! And, he said, he cried every day. Two months in to the search, he went looking for the dog where it got lost -- and quickly found it. His first task: he put a collar on the mutt. (He hadn't done that before for a dog that was so "valuable"?!) After finding the dog, he sued the dog sitter, demanding $20,000 for the cost of his search, $30,000 for the income he lost by letting his business collapse, $10,000 for "the temporary loss of the special value" of the dog, and $100,000 in "emotional damages" -- $160,000 total. God has not been named as a defendant.

And the winner of the 2003 True Stella Awards: The City of Madera, Calif. Madera police officer Marcy Noriega had the suspect from a minor disturbance handcuffed in the back of her patrol car. When the suspect started to kick at the car's windows, Officer Noriega decided to subdue him with her Taser. Incredibly, instead of pulling her stun gun from her belt, she pulled her service sidearm and shot the man in the chest, killing him instantly. The city, however, says the killing is not the officer's fault; it argues that "any reasonable police officer" could "mistakenly draw and fire a handgun instead of the Taser device" and has filed suit against Taser, arguing the company should pay for any award from the wrongful death lawsuit the man's family has filed. What a slur against every professionally trained police officer who knows the difference between a real gun and a stun gun! And what a cowardly attempt to escape responsibility for the actions of its own under-trained officer.
The 2004 True Stella Awards Winners
by Randy Cassingham
Issued 31 January 2005

#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 Derrick 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 Korinkes 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 the couple's lawyer called "really lucky".

And the winner of the 2004 True 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.
好像看过以前,很有意思
很正常~~~~~~~~~~~
原帖由 放逐的云 于 2007-12-5 15:07 发表
很正常~~~~~~~~~~~

为虾米正常啊,偶觉得很不正常呢
法律不带色彩,就看谁会用。
思维就是不一样啊~~~
原帖由 enchanting 于 2007-12-5 15:26 发表

为虾米正常啊,偶觉得很不正常呢


几天不见,MM少将了?:)
原帖由 F-16 于 2007-12-5 15:31 发表


几天不见,MM少将了?:)

。。。16兄弟,我少将很多年。。。
兄弟,你也太忽视偶了:')
原帖由 enchanting 于 2007-12-5 15:35 发表

。。。16兄弟,我少将很多年。。。
兄弟,你也太忽视偶了:')

真同情啊~~~你应该控告他,准赢:D
原帖由 enchanting 于 2007-12-5 15:35 发表

。。。16兄弟,我少将很多年。。。
兄弟,你也太忽视偶了:')


:L [:a7:] [:a9:]

不是忽视,是太关注头像了,没注意你是首长。
原帖由 enchanting 于 2007-12-5 15:26 发表

为虾米正常啊,偶觉得很不正常呢

[:a2:] [:a2:] 美女姐姐楚楚。。。。么一个,飘走:$ 。。。。。
原帖由 东边日出西边雨 于 2007-12-5 15:37 发表

真同情啊~~~你应该控告他,准赢:D

。。。啊。。。偶不控告兄弟呀
呵呵
原帖由 F-16 于 2007-12-5 15:46 发表


:L [:a7:] [:a9:]

不是忽视,是太关注头像了,没注意你是首长。

偶也很关注你滴头像和你滴老婆
原帖由 老狼啸月 于 2007-12-5 15:57 发表

[:a2:] [:a2:] 美女姐姐楚楚。。。。么一个,飘走:$ 。。。。。

捏捏老狼,你素小坏蛋;P
人家英美法系的就是NP啊. 有个案例,那以后全部都如此了。
这样的帖子是要顶的
这些律师都是神啊
这样的官司都能打赢...;funk
厉害;P ;P
原帖由 老狼啸月 于 2007-12-5 14:21 发表
美国有个史特拉 (Stella) 奖,每年颁给最成功也最荒诞的诉讼案的原告律师和白痴陪审团。

史特拉奖以 Stella Rebecca 命名,她今年八十一岁,曾因边开车边喝热咖啡而烫了腿,成功告赢麦当劳而得到百万赔偿。

...

:lol :lol 我只能说美国真好