Stella Awards
The Stellas are named after 81 year-old Stella Liebeck who spilled coffee on herself and succesfully sued McDonald's (in NM). The case inspired the Stella awards for the most frivolous, ridiculous, successful lawsuits in the United States.
The 2006 True Stella Awards Winners
by Randy Cassingham
Issued 31 January 2007
#5: Marcy Meckler. While shopping at a mall, Meckler stepped outside and was "attacked" by a squirrel that lived among the trees and bushes. And "while frantically attempting to escape from the squirrel and detach it from her leg, [Meckler] fell and suffered severe injuries," her resulting lawsuit says. That's the mall's fault, the lawsuit claims, demanding in excess of $50,000, based on the mall's "failure to warn" her that squirrels live outside.
#4: Ron and Kristie Simmons. The couple's 4-year-old son, Justin, was killed in a tragic lawnmower accident in a licensed daycare facility, and the death was clearly the result of negligence by the daycare providers. The providers were clearly deserving of being sued, yet when the Simmons's discovered the daycare only had $100,000 in insurance, they dropped the case against them and instead sued the manufacturer of the 16-year-old lawn mower because the mower didn't have a safety device that 1) had not been invented at the time of the mower's manufacture, and 2) no safety agency had even suggested needed to be invented. A sympathetic jury still awarded the family $2 million.
#3: Robert Clymer. An FBI agent working a high-profile case in Las Vegas, Clymer allegedly created a disturbance, lost the magazine from his pistol, then crashed his pickup truck in a drunken stupor -- his blood-alcohol level was 0.306 percent, more than three times the legal limit for driving in Nevada. He pled guilty to drunk driving because, his lawyer explained, "With public officials, we expect them to own up to their mistakes and correct them." Yet Clymer had the gall to sue the manufacturer of his pickup truck, and the dealer he bought it from, because he "somehow lost consciousness" and the truck "somehow produced a heavy smoke that filled the passenger cab." Yep: the drunk-driving accident wasn't his fault, but the truck's fault. Just the kind of guy you want carrying a gun in the name of the law.
#2: KinderStart.com. The specialty search engine says Google should be forced to include the KinderStart site in its listings, reveal how its "Page Rank" system works, and pay them lots of money because they're a competitor. They claim by not being ranked higher in Google, Google is somehow infringing KinderStart's Constitutional right to free speech. Even if by some stretch they were a competitor of Google, why in the world would they think it's Google's responsibility to help them succeed? And if Google's "review" of their site is negative, wouldn't a government court order forcing them to change it infringe on Google's Constitutional right to free speech?
And the winner of the 2006 True Stella Award: Allen Ray Heckard. Even though Heckard is 3 inches shorter, 25 pounds lighter, and 8 years older than former basketball star Michael Jordan, the Portland, Oregon, man says he looks a lot like Jordan, and is often confused for him -- and thus he deserves $52 million "for defamation and permanent injury" -- plus $364 million in "punitive damage for emotional pain and suffering", plus the SAME amount from Nike co-founder Phil Knight, for a grand total of $832 million. He dropped the suit after Nike's lawyers chatted with him, where they presumably explained how they'd counter-sue if he pressed on.
The 2005 True Stella Awards Winners
by Randy Cassingham
Issued 31 January 2006
#7: Bob Dougherty. A prankster smeared glue on the toilet seat at the Home
Depot store in Louisville, Colo., causing Dougherty to stick to it when he
sat down. "This is not Home Depot's fault," he proclaimed, yet the
store graciously offered him $2,000 anyway. Dougherty complained the offer
is "insulting" and filed suit demanding $3 million.
#6: Barbara Connors of Medfield, Mass. Connors was riding in a car driven by
her 70-year-old(!) son-in-law when they crashed into the Connecticut River,
and Connors sank with the car. Rescue divers arrived within minutes and got
her out alive, but Connors suffered brain damage from her near-drowning. Sue
the driver? Sure, we guess that's reasonable. But she also sued the brave rescue
workers who risked their lives to save hers.
#5: Michelle Knepper of Vancouver, Wash. Knepper picked a doctor out of the
phone book to do her liposuction, and went ahead with the procedure even though
the doctor was only a dermatologist, not a plastic surgeon. After having complications,
she complained she never would have chosen that doctor had she known he wasn't
Board Certified in the procedure. (She relied on the phonebook listing over
asking the doctor, or looking for a certificate on his wall?!) So she sued
...the phone company! She won $1.2 million plus $375,000 for her husband for "loss
of spousal services and companionship."
#4: Rhonda Nichols. She says a wild bird "attacked" her outside a
home improvement store in Fairview Heights, Ill., causing head injuries. That's
right: outside the store. Yet Nichols still held the Lowe's store responsible
for "allowing" wild birds to fly around free in the air. She never
reported the incident to the store, but still sued for "at least" $100,000
in damages. In January 2006, the case was thrown out of court.
#3: Barnard Lorence of Stuart, Fla. Lorence managed to overdraw his own bank
account. When the bank charged him a service fee for the overdraft, he filed
suit over his "stress and pain" and loss of sleep over the fee. A
few hundred thousand bucks, he says, will only amount to a "slap on the
wrist", whereas the $2 million he's suing for is more like being "paddled".
#2: Wanita "Renea" Young of Durango, Colo. Two neighborhood teens
baked cookies for their neighbors as an anonymous gesture of good will, but
Young got scared when she heard them on her front porch. They apologized, in
writing, but Young sued them anyway for causing her distress, demanding $3,000.
When she won(!!) $900, she crowed about it in the newspaper and on national
TV. Now, she's shocked (shocked!) that everyone in town hates her for her spite,
and is afraid she may have to move. But hey: she won.
And the winner of the 2005 True Stella Award: Christopher Roller of Burnsville,
Minn. Roller is mystified by professional magicians, so he sued David Blaine
and David Copperfield to demand they reveal their secrets to him -- or else
pay him 10 percent of their lifelong earnings, which he figures amounts to
$50 million for Copperfield and $2 million for Blaine. The basis for his suit:
Roller claims that the magicians defy the laws of physics, and thus must be
using "godly powers" -- and since Roller is god (according to him),
they're "somehow" stealing that power from him.
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.
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.