Do you agree with this lawsuit?

[Loki]

Benny the Bull (http://sports.yahoo.com/nba/rumors/post/Benny-The-Bull-gets-sued-for-high-five-gone-awry?urn=nba,78362)

An Illinois dentist called a flagrant foul on Chicago Bulls' mascot Benny the Bull on Monday, suing the team over a high-five gone awry. Dr. Don Kalant Sr. alleged he was sitting near courtside on Feb. 12 when he raised his arm to get a high-five from Barry Anderson, who portrays the exuberant mascot in a bright red fuzzy costume.

But Kalant, an oral surgeon, may now wish he had settled for a fist-bump instead. Instead of merely slapping Kalant's palm, Anderson grabbed his arm as he fell forward, hyperextending Kalant's arm and rupturing his biceps muscle, according to the lawsuit filed in Cook County Circuit Court.

Kalant stayed for the rest of the game but later had surgery and could miss as much as four months of work, Kasserman said. Kalant is seeking unspecified damages for medical bills, physical pain and lost earnings. The lawsuit claims Anderson was negligent in either "falling forward while grabbing a fan's hand" or "running out of control" through the crowd according to the Chicago Tribune.

Source: Chicago Tribune

How about the Dr, by raising his arm was asking for physical contact??? And needs to take responsibility for its consequences??? :shrug:

[DaJudge]

No comment. Sure wish I could.

CANON 3
A JUDGE SHOULD PERFORM THE DUTIES OF HIS OR HER OFFICE IMPARTIALLY AND DILIGENTLY

The judicial duties of a judge take precedence over all his or her other activities. A judge's judicial duties include all the duties of his or her office prescribed by law. In the performance of these duties, the following standards apply:

* * * * *
(6) A judge should abstain from public comment about a pending or impending proceeding in any court,

[Oscar]

we're public?

[Loki]

No comment. Sure wish I could.

CANON 3
A JUDGE SHOULD PERFORM THE DUTIES OF HIS OR HER OFFICE IMPARTIALLY AND DILIGENTLY

The judicial duties of a judge take precedence over all his or her other activities. A judge's judicial duties include all the duties of his or her office prescribed by law. In the performance of these duties, the following standards apply:

* * * * *
(6) A judge should abstain from public comment about a pending or impending proceeding in any court,

Nobody woulda paid much attention to your opinion anyway. :shrug:

:beer: :flipoff2: :beer:

[Oscar]

Or we wouldn't understood it at the very least :D

[MountainJeep]

dude can afford courtside seats at the United center right? I am sure he can afford the premiums on his insurance policy rider that covers injury and loss of work.

[DaJudge]

dude can afford courtside seats at the United center right? I am sure he can afford the premiums on his insurance policy rider that covers injury and loss of work.
See, that's just the kind of comment I'm not allowed to make. ;)

[IronMonkey]

How about the Dr, by raising his arm was asking for physical contact??? And needs to take responsibility for its consequences??? :shrug:

He was asking for a high five, not to engage in a circus tumbling act to ensure the mascot could maintain his balance and diction. If he raised his arm and the mascot kicked him in the nuts, same deal...sue. The reasonable fan expectation is that the customary extent of physical contact with a mascot is hugs & high fives, maybe also a picture. If he was hit with a basketball forcefully at courtside that is a risk that he has agreed to take as a condition of entering the center where the event is held. This situation is likely not within those acknowledged risks.

As a society these lawsuits protect all of us. Otherwise, didn't your 10 year old decide to risk his life riding their bike to school when the driver of a car erroneously ran a stop sign and broke his leg? Didn't the kid ask for such contact every time he rides his bike? Even though it was an accident, like the mascot, doesn't he "need to take responsibility for its consequences".

It is accountability that is the benchmark of a free society. You get rid of that and then some idiots can do doughnuts on your lawn and even though the cops get them, you get to pay to fix it cause you took the risk of having a lawn that could be driven on.

Please, no death by 1,000 cuts. Preventing lawsuits only benefits business, not individuals.

I think the Judge can comment on what I said...yah?

[XtremeXJ]

Lawsuit happy country that we live in. I cannot believe how money hungry our system has become. See here again the RICHER get RICHER, while the working man suffers.

[XtremeXJ]

He was asking for a high five, not to engage in a circus tumbling act to ensure the mascot could maintain his balance and diction. If he raised his arm and the mascot kicked him in the nuts, same deal...sue. The reasonable fan expectation is that the customary extent of physical contact with a mascot is hugs & high fives, maybe also a picture. If he was hit with a basketball forcefully at courtside that is a risk that he has agreed to take as a condition of entering the center where the event is held. This situation is likely not within those acknowledged risks.

As a society these lawsuits protect all of us. Otherwise, didn't your 10 year old decide to risk his life riding their bike to school when the driver of a car erroneously ran a stop sign and broke his leg? Didn't the kid ask for such contact every time he rides his bike? Even though it was an accident, like the mascot, doesn't he "need to take responsibility for its consequences".

It is accountability that is the benchmark of a free society. You get rid of that and then some idiots can do doughnuts on your lawn and even though the cops get them, you get to pay to fix it cause you took the risk of having a lawn that could be driven on.

Please, no death by 1,000 cuts. Preventing lawsuits only benefits business, not individuals.

I think the Judge can comment on what I said...yah?

Sorry I disagree with you. Accident happen. Getting hit in the face with the basketball is the same as the mascot slipping and falling into you. It was not the mascots intention to cause harm - nor would it be the players intention to throw the ball at the fans face in the middle of the game. Now if the mascot walked over - grabbed the man by the arm and began to pull him around the court - trying to cause harm - then sure sew.

[IronMonkey]

It is not all about intentionality, but also about explicit understanding by the fan of the risks in attending. Risk of ball in face during play, we all know that happens. Like death in baseball or hockey from a ball or puck. Every time you go to an Avs game you risk that. But no one says the risk of attending the Nuggets is that Rocky is going to rip your bicep tendon because grabbed you during a high five instead of slapping your hand. As a doctor, or mechanic, but ironically probably not a lawyer or judge, but any job where you suffer loss of income due to arm injury, that can be pursued in a court of law.

[IronMonkey]

Lawsuit happy country that we live in. I cannot believe how money hungry our system has become. See here again the RICHER get RICHER, while the working man suffers.

I love being devil's advocate. If there were no threat of lawsuits, the poor working man would have zero protection at work from hazardous conditions and where his arm got ripped off by some machine he couldn't sue the employer for having dangerous conditions in the workplace. Therefore when you show up to work be thankful for lawsuits. Therefore, I agree that we should ban all lawsuits so I can screw the workers by tossing them out when they get injured cause I'm too cheap to pay for safety goggles, etc and they cannot sue me. I will get richer if there's no lawsuits, necessary liability insurance, etc.

Frivolous lawsuits exists, but they cannot be banned because then you erode the working man's protection from the rich.

[IronMonkey]

And I am damn money hungry...the Stak is like $2700...so I'm hopeful to find someone to sue. Maybe I'll try to high five Rocky...

[Wild Hare]

i agree with ironmonkey on this one. the fan is obviously going for the top money amount but this definately needs to go to court so the settlement can get wittled down to a reasonable amount. courtside tickets i would assume would carry a release of liability and the fact the fan stayed for the remainder of the game before seeking medical attention will have some bearing on the outcome. but, someone is always responsible when something happens even if its an accident.

[Willy36]

It's this kind of mentality that has parents convincing kids to stay inside and be lazy for fear of something bad happening if they go outside and play. I know it's not the same thing but if the mascot gets screwed for trying to give a guy a high five, then the mascot won't be getting near any fans any time soon. But next thing you know, something else happens where when he's moving around trying to rile the crowd up, he falls on someone and gets sued. Now every mascot in the league just sits on the bench and watches. The line has to be drawn somewhere...

[MountainJeep]

I would don a mascot suit and sit on the sideline and get paid. Where do I sign up?

[mtntj]

The fan just needs to MAN-UP!!!

[XtremeXJ]

Sorry - but this is no different then buying coffee from MC'D'S and spilling it in your lap and sue because it was hot. Again I have a rough time thinking that I can got to Wal-Mart on a snowy day and slipping in the parking lot and sueing Wal-Mart, because I don't know how to walk. I guess I just have morals. I am not out for the quick dollar - I take pride in working hard for my money.

[jrvyota]

and the fact the fan stayed for the remainder of the game before seeking medical attention will have some bearing on the outcome.

I don't know about you guys but If I payed for court side seats, you could shoot me in the chest and I would be intent on watching the rest of the game.