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Geek Culture / 'stella' awards for 2004 - sued-on-account-of-spilt-coffee-esque cases

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Hawkeye
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Posted: 5th Jan 2005 23:11
I got this in a email yesterday and laughed my head off I just had to share it with you people

Quote: "
It's once again time to review the winners of the annual "Stella
Awards".
The Stella's are named after 81 year-old Stella Liebeck who spilled
coffee on herself and successfully sued McDonald's.
That case inspired the Stella Awards for the most frivolous successful
lawsuits in the U.S.

THIS YEAR'S AWARDS GO TO:
5th Place (Tie)

Kathleen Robertson of Austin, TX 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 toddler was Ms.
Roberetson's Son.

5th Place (Tie)

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 did not notice there was someone at the wheel of the
car when he was trying to steal the hubcaps.

5th Place (Tie)

Terrence Dickson of Bristol, PA 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
could not re-enter 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 8 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.

4th Place

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 dog. 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 a little provoked at the time as Mr. Williams, who had climbed
over the fence into the yard, was shooting it repeatedly with a pellet
gun.

3rd Place

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,
PA, $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.

2nd Place

Kara Walton of Claymont, Delaware sued the owner of a night club in a
neighboring city when she fell from the bathroom window to the floor
and knocked out two of her front teeth. This occurred while Ms. Walton
was trying to sneak in the window of the ladies' room to avoid paying
the $3.50 cover charge. She was awarded $12,000 and dental expenses.

1st Place

This year's runaway winner was Merv Grazinski of Oklahoma City, OK.
Mr. Grazinski purchased a brand new Winnebago motorhome. On his trip
home from an OU football game, having driven onto the freeway, he set
the cruise control at 70 MPH and calmly left the driver's seat to go
into the back and make himself a cup of coffee. Not surprisingly, the RV
left the freeway, crashed and overturned. Mr. Grazinski sued Winnebago
for not advising him in the owner's manual that he could not actually do
this.
The jury awarded him $1,750,000 plus a new Winnebago motorhome. The
company actually changed their manuals on the basis of this suit just
in case there were any other complete MORONS buying their recreational
vehicles.

Unbelievable!
"


"
"Timesoft: Your wife is death. HOW?!! No idea. But it is murder! REVENGE!"
David T
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Posted: 6th Jan 2005 00:33
Quote: "This year's runaway winner was Merv Grazinski of Oklahoma City, OK.
Mr. Grazinski purchased a brand new Winnebago motorhome. On his trip
home from an OU football game, having driven onto the freeway, he set
the cruise control at 70 MPH and calmly left the driver's seat to go
into the back and make himself a cup of coffee. Not surprisingly, the RV
left the freeway, crashed and overturned. Mr. Grazinski sued Winnebago
for not advising him in the owner's manual that he could not actually do
this.
The jury awarded him $1,750,000 plus a new Winnebago motorhome. The
company actually changed their manuals on the basis of this suit just
in case there were any other complete MORONS buying their recreational
vehicles."


That is unbelieveable. I knew some people were stupid, but to be that stupid then believe you may actually have a chance in court is awful. And he won

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empty
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Posted: 6th Jan 2005 00:48
But then again:
http://www.stellaawards.com/bogus.html


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Hamish McHaggis
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Posted: 6th Jan 2005 01:01
It's funny, but they are obviously fake. I know that the MacDonalds coffee case was true, but that's well known. Those ones were just too over the top, I mean, you couldn't sue for tripping over your own son, or getting locked in a garage.

Isn't it? Wasn't it? Marvellous!
OSX Using Happy Dude
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Posted: 6th Jan 2005 02:38 Edited at: 6th Jan 2005 02:41
Quote: "I mean, you couldn't sue for tripping over your own son"

I bet some American would try to.

A San Carlos, California, man sued the Escondido Public Library for $1.5 million. His dog, a 50-pound Labrador mix, was attacked November 2000 by the library's 12-pound feline mascot, L.C., (also known as Library Cat). The case was heard in January 2004, with the jury finding for the defendant.

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Jimmy
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Posted: 6th Jan 2005 02:47
I sometimes trip over babies when I'm kicking them.


I am a George Foreman hair crimper
Ian T
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Posted: 6th Jan 2005 02:52
Hate to rain on your parade Jimmy, but how about making that signiture image fit within the size limits

bitJericho
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Posted: 6th Jan 2005 03:23
hey mouse, how bout rooting for teh jimmeh you liberal moron


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Jimmy
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Posted: 6th Jan 2005 03:24 Edited at: 6th Jan 2005 03:26
yeah and chew on a decroded piece of crap while you're at it.

psshhh


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Jimmy
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Posted: 6th Jan 2005 03:38
there, it's changed, you JERK


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Teh Go0rfmeister
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Posted: 6th Jan 2005 03:49
i've seen images going round of this guy in hospital with no nose. he's suing black and decker for not putting a notice warning people not to get rid of itches using a drill.

Hawkeye
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Posted: 6th Jan 2005 04:06 Edited at: 6th Jan 2005 04:10
Wow, really? I'd love to see that.. Though I can't belive it (me who took the stella awards seriously )

@Hamish: ah. Thanks for the post. I thought those were a little unreal But it's still good for a laugh



EDIT: Aha! Here's the real 2003 stella awards:
Quote: "
The TRUE Stella Awards -- 2003 Winners
by Randy Cassingham
Issued 21 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/2003.html

-v-

THE RUNNERS UP FOR THE 2003 TRUE STELLA AWARDS ARE:

#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.

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/2003.html

Copyright 2004 www.StellaAwards.com . This message may be forwarded as
long as it remains complete and unaltered.
"


source: http://www.stellaawards.com/2003.html

"
"Timesoft: Your wife is death. HOW?!! No idea. But it is murder! REVENGE!"
Philip
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Posted: 6th Jan 2005 04:23 Edited at: 6th Jan 2005 04:24
American litigation often beggars belief. My favourite story concerns a bus that crashed. At the time of the crash there were 4 passengers onboard. By the time the Police arrived, there were over 30, all complaining of serious whiplash injuries.

With due respect, there are three fundamental problems with the US civil law system:

1. juries can award damages;

2. punitive damages are available;

3. lawyers are permitted to be remunerated on a "no win no fee" system.

In England and Wales long ago we moved to a system where juries only sit in very limited categories of civil cases. The most well known of these are defamation (libel and slander) but even here a Judge can decide to sit without a jury.

Moreover, Judges award damages. Thanks to the House of Lord's decision in Rookes v. Barnard, punitive damages are only awarded in three types of case. The two best known types are conversion and false imprisonment. The reasoning of the House of Lords was exemplary - the object of the civil law system is to compensate, the object of the criminal law system to punish. Punitive damages are evidently punishment and so should be left solely within the purview of the criminal law, where the accused is entitled to greater legal safeguards.

Finally, allowing lawyers to be remunerated on a contingency basis has proved a gigantic mischief. In the United States it has provoked ambulance chasing, opportunism, greed and serious breaches of professional ethical standards. This has in turn seriously eroded the quality of the profession and the respect in which it is held in the community.

The economic consequences of so much "nonsense" litigation is vast. First, most damages awards are not paid by the company in question (thus further making a nonsense of the idea of "punishing" the company) but by its insurers. The insurers obviously pass on these vast damages awards to their policyholders in increased premium. The result of this is that every US citizen pays up to about 10x as much in insurance premiums every year than an average person in Europe. It also means that there is a rapidly developing crisis in certain key industries - the health care system being a prime example - caused by people being unable to conduct business profitably and also afford sufficient insurance protection.

It has recently been calculated by The Economist that perhaps as much of 1% of the US GDP is now litigation. If you'll excuse the pun, this is not a healthy state of affairs.

Hence the Bush administration's goal of tort reform is entirely admirable and long overdue.

The only people benefiting from the current system are a relatively small cartel of incredibly greedy claimant lawyers.

Philip

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Zero Blitzt
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Posted: 6th Jan 2005 04:29
Only in America


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OSX Using Happy Dude
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Posted: 6th Jan 2005 04:36
Indeed...

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Hawkeye
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Posted: 6th Jan 2005 05:15
Never try to mess with bear lawyers - they know their stuff

"
"Timesoft: Your wife is death. HOW?!! No idea. But it is murder! REVENGE!"
BatVink
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Posted: 6th Jan 2005 06:52
Quote: "At the time of the crash there were 4 passengers onboard. By the time the Police arrived, there were over 30"


This has also happened in the UK, and was reported on Watchdog. It was the "No Win No Fee" companies that were caught out. The allegation was that they take impressionable people off the street (you will have seen them in town centres with their clip boards), and suggest that they were in a certain place at a certain time. Unfortunatley, the accident they were supposed to be involved in, which had a total of 14 claims from one legal company alone, was actually a bus on it's way back to the garage - empty.

In our local town, there is an ongoing investigation. There have been 6 claims for whiplash at the same roundabout, all late evening, all by the same legal company. There is no claim at the time of the "incident", but the claim is made 6 months later. The incident involves the "fraud victim" shunting the car in front, after it stops for no reason whatsoever.

BatVink
Avan Madisen
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Posted: 6th Jan 2005 07:11
The best one I heard about was a 16 year old girl who sued her parents, claming it was their fault she was short, fat and ugly, and demanded they paid (I think it was around $300,000) for the all plastic surgury she needed to 'correct' her problems. She won that case but subsequently got dis-owned and had a restraining order put on her so she wasn't legally allowed with 100 yards of her (former) parents!

I'm not sure how much of it is true, but I could well believe the entire thing!

I don't suffer from insanity:

I enjoy every minute of it!
Philip
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Posted: 7th Jan 2005 06:31 Edited at: 7th Jan 2005 06:32
@BatVink

"... from one legal company alone ..."

The claims management companies you refer to are not law firms. Claims management companies are basically a cancer which grew up after the Courts and Legal Services Act 1990. Basically, as you say, CMCs exist to pass supposedly valid claims to law firms. They get a commission for this. The problem with this is that it is a huge incentive to CMCs, which are not regulated by any professional body and are not subject to the stringent ethical requirements of my profession, to "invent" claims.

Inventing claims is of course a criminal activity. People caught making non-existent claims are liable to prosecution as this constitutes various offences. However, as many large companies take the attitude that its more cost effective to buy off small claims rather than fight them, there are unfortunately incentives for this behaviour.

Its a very serious issue for my profession. Because the public does not realise these outfits are not lawyers, they tar us with their brush.

Personally, I think the whole industry, and I use that word advisedly, should be illegalised and shut down. If people have a genuine claim and want to sue someone else, there is no reason they can't find a law firm on their own.

Philip

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Mnemonix
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Posted: 7th Jan 2005 06:37
From what Philip said, it makes it seem like the majority of the people in the awards above would not have been able to launch claims without these CMC`s because they dont have the legal know-how or money or etc. and therefore I agree that the CMC business should be illegalised. We might then get some better adverts on TV too

The 3d chat is coming...
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BatVink
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Posted: 7th Jan 2005 06:53
Thanks for the insight Philip, I hadn't realised this. I found it hard to believe that people who have studied for a considerable amount of time to do what they do would stoop this low.

I look forward to their downfall. Not trying to stereotype or insult an entire population, but I see this as an American disease that has crossed the Atlantic.

BatVink
Jeku
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Posted: 7th Jan 2005 10:02
Quote: "Not trying to stereotype or insult an entire population, but I see this as an American disease that has crossed the Atlantic."


Isn't that what it is? Stereotyping or insulting the entire American population? :p


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adr
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Posted: 7th Jan 2005 18:25
He's saying the "compensation culture" originated on t'other side of the pond and seems to be integrating quite well. Unless your ":p" means you know that and I've just embarrassed myself...

Anyway, about 5 years ago, one of those people with clipboards approached me on the street once and said "Have you had an accident at work within the last 3-5 years?". As far as I can remember, I didn't immediately know what he was getting at, so I replied honestly and said "I work in a rough nightclub, of course there are loads of little accidents!". His eye's lit up and he started up his little monologue of crap. He finished and I simply replied that I wasn't about to sue my employer.

I find the idea of "fishing" for reasons to sue your employer disgusting and ... well, almost ungrateful. Stick to real reasons, like exorbitant working hours, or sexual harrassment.


If I can't eat it, drink it , **** it or fire it, I'm not interested
Flashing Blade
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Posted: 7th Jan 2005 19:01
Hey Philip thanks for sharing your knowledge, I didn't know any of that.
Fancy these dirty little firms being known as CMC's, oh the irony


The word "Gullible" cannot be found in any English Dictionary.
BatVink
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Posted: 7th Jan 2005 19:39
I rank them alongside Cowboy Car Clampers, and dog dirt. I long for the day somebody comes up with a valid counter-case and whoops their ass from here to 2006.

BatVink
Philip
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Posted: 7th Jan 2005 21:26
You long for that day?

Erm, ok. I'd like to recommend the importance of getting out a bit more.

Philip

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BatVink
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Posted: 7th Jan 2005 23:05
I do long for that day, just like I wallow in JJB's profit warnings, and any bad publicity that Orange get I use as my mud bath.

The English judicial system has been good to me as someone who needed to call on it's services, and I don't like to see people bringing it into disrepute.

BatVink
Pricey
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Posted: 8th Jan 2005 05:55
Does anyone remeber the episode of Seinfeld where Kramer tries to sue because he spilt coffee on himself?

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Avan Madisen
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Posted: 8th Jan 2005 05:55 Edited at: 8th Jan 2005 05:56
Quote: "Stick to real reasons, like exorbitant working hours, or sexual harrassment."

most sensible people do, but unfortunately more and more people are either forgetting what 'common sense' is or they just didn't know what it was in the first place!

I don't suffer from insanity:

I enjoy every minute of it!
Dazzag
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Posted: 8th Jan 2005 09:22
Quote: "You long for that day?

Erm, ok. I'd like to recommend the importance of getting out a bit more"
Take it you've never been clamped then? As far as I'm concerned they should bring the death penalty back for those f**kers. Can't overstate that enough. Heh, I remember once just about everyone in my company once got clamped at a staff party once. A friend of mine managed to pleasantly organise a nice little back hander with the half witted piece of s**t clamper bloke so that he only paid him half the amount (ie. back hander). Everything ended nicely for him and off he went home. The next day he phoned up the company, reported the bloke, and basically got him fired. Tops. And before anyone starts yapping on about they are only doing a job etc etc, just wait till one of the t**ts singles out your car and proceeds to pounce merely seconds after you stop for like 2 minutes. Must. Control. Fist. Of. Death....... B**tards...

Oh, and the dog s**t? Always makes me laugh in our local park where you have to pick the stuff up or face a fine, and yet the local horse riders are allowed in the same areas and totally cover the place at times with no worries. Believe me, the smell and sheer volume of coverage is leagues above a dog when 3 horses wander past and decide to leave gifts.... just wait and I'll see you in a dog tin, or a tube of glue, or a local Kebab probably...

Cheers

I am 99% probably lying in bed right now... so don't blame me for crappy typing
Lost in Thought
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Posted: 8th Jan 2005 10:45
Indeed. Our legal system sucks, our voting system sucks, or government sucks, and our future will always be limited because our education system sucks. Even more against us is the fact that we cannot change it. The government has indeed gotten too powerful and greedy.

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Posted: 8th Jan 2005 19:13
In other words your in a pretty sucky country...

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Philip
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Joined: 15th Jun 2003
Location: United Kingdom
Posted: 9th Jan 2005 07:42 Edited at: 9th Jan 2005 07:43
Theres a lot of complex law about clamping. In the last judgment I read on the topic, the clampers were found liable for false imprisonment and conversion for clamping a car in highly questionable circumstances.

I think if I ever got clamped in any circumstances other than where they are 100% bang to rights, I'd take a bus to the nearest B&Q, buy a large metal saw, come back and saw the thing in half.

If they then tried to sue me, it'd be a great pleasure to sue them back.

I wouldn't recommend it for non-lawyers as if you aren't ably represented, you could go down for criminal damage.

Philip

What do you mean, bears aren't supposed to wear hats and a tie? P3.2ghz / 1 gig / GeForce FX 5900 128meg / WinXP home

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