By: Michael Seinberg
In a tip of the hat to rationality, two judges have thrown out two separate ridiculous lawsuits that we’ve discussed here before. In the first case, State Superior Court Judge David Rand has dismissed claims against a young woman for texting her boyfriend while he was driving and got into an accident.
“Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis of a liability case,” Rand said, noting that his decision is not intended to minimize drivers’ responsibility to pay attention to the road and what’s in front of them.
In the second case, a $500,000 lawsuit against a Wall Street health club was thrown out by Manhattan Supreme Court Justice Ellen Coin. The suit, originally filed by Manhattan Attorney Richard Katz was triggered by his health club ceasing to provide a complimentary breakfast each day. Katz was so infuriated by the actions of the club, which he paid $5,000 per year to belong to, that he filed suit.
The judge not only tossed the suit, but also ordered Katz to pay $440 to the club’s attorney and told Katz at a hearing “he should be ashamed of himself” for filing the suit.
Now, if we could get the same treatment for the millions of other frivolous lawsuits clogging the courts it will be a brighter day for many.