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His Fat suit doesn't fit- CVS not liable for big man's chair break
ny daily news ^ | 12-15-06 | adam nichols

Posted on 12/15/2006 12:43:06 PM PST by Rakkasan1

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another rare judge with common sense.
1 posted on 12/15/2006 12:43:09 PM PST by Rakkasan1
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To: Rakkasan1

Mr. Kovit sounds like a real meathead. But then, he's a lawyer!


2 posted on 12/15/2006 12:47:38 PM PST by RexBeach ("In war there is no substitute for victory." Douglas MacArthur)
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To: Rakkasan1
You weigh 245lbs, buy a chair that is rated for up to 225lbs, break the chair, and you can find a lawyer to take your case.

Priceless!

3 posted on 12/15/2006 12:47:54 PM PST by rocksblues (Do unto others as they do unto you!)
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To: Rakkasan1

Any company who makes chairs for use in the US with a weight
limit of only 225 lbs. has not paid any attention to the people you see walking around here.


4 posted on 12/15/2006 12:48:47 PM PST by Anti-Bubba182
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To: Rakkasan1
"Yes, there was a warning label, but it wasn't apparent and I didn't read it. What reasonable person checks a label to see if they're too heavy to sit down? I had no idea it was liable to break under me."

Coming from an attorney no less who probably goes after manufacturers because they do not have a warning label. Sheesh..

5 posted on 12/15/2006 12:50:38 PM PST by beltfed308 (Democrats :Tough on Taxpayers, Soft on Terrorism)
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To: Rakkasan1
another rare judge with common sense.

Right. Mr. Kovit is wondering what happened to the judges and juries who constantly ruled that the tip-over warning labels on Jeeps were too small.

6 posted on 12/15/2006 12:51:06 PM PST by jimtorr
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To: Rakkasan1

If his butt could not fit you must acquit!


7 posted on 12/15/2006 12:51:32 PM PST by BeHoldAPaleHorse (Dyslexics of the world, UNTIE!)
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To: RexBeach

Wife and I were waiting to pick up our Golden Retriever at the vet's office when a very fat man and his yap-yap dog came in and sat down on a wood bench. The bench collapsed almost instantly, landing the guy on his butt. His frightened dog landed in his lap and promptly bit him on the leg. Fatso sued the vet over the bench and dog bite. A year later, the judge ordered the vet to pay $250 for "humiliation."


8 posted on 12/15/2006 12:52:56 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Anti-Bubba182

We got plenty of chicks here in MN with the proverbial
"2 axe handles wide" asses.


9 posted on 12/15/2006 12:54:30 PM PST by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: Anti-Bubba182

Any company who makes chairs for use in the US with a weight
limit of only 225 lbs. has not paid any attention to the people you see walking around here.



You're right on that ,,, what I find ridiculous are ladders , most are rated for 200 to 225 lbs. except for the hyper-expensive commercial units... a 175 lb. man carrying a single bundle of shingles overloads them; at least on ladders though the weight limit is clearly advertised , on most chairs you'd be hard pressed to see a weight limit label... I know I haven't seen one.


10 posted on 12/15/2006 12:54:50 PM PST by Neidermeyer
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To: Rakkasan1
If you're 6'5", 245 lbs isn't necessarily "fat" at all.

It was still a stupid lawsuit.

11 posted on 12/15/2006 12:55:04 PM PST by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: Rakkasan1
"I'm not even fat, I'm tall," said Kovit, 49, an attorney

Yea, that's my problem. I'm not overweight, I'm under-tall. I would be the perfect weight if I was a woman who's 8'4"...

12 posted on 12/15/2006 12:55:42 PM PST by BreitbartSentMe (Ex-Dem since 2001 *Folding@Home for the Gipper - Join the FReeper Folders*)
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To: wideawake

Would most normal people even think of suing in the 1st place?

What were his injuries? Can you hurt an attorney's feelings?


13 posted on 12/15/2006 12:57:19 PM PST by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: Neidermeyer

Very true! The only thing different is that the weight capacity of a ladder is more prominantly labeled and a person
would more likely look. On a chair a person simply sits down.


14 posted on 12/15/2006 12:58:53 PM PST by Anti-Bubba182
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To: Eric in the Ozarks

Eric - This is superb story! I can picture this in my imagination. Kah-Boom!!! No more bench and the dadgummed rat on a line bit the SOB. Great story!


15 posted on 12/15/2006 1:00:01 PM PST by RexBeach ("In war there is no substitute for victory." Douglas MacArthur)
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To: Rakkasan1

He should sue the floor.


16 posted on 12/15/2006 1:11:15 PM PST by COUNTrecount
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To: RexBeach
I've got one more from the police beat.
Cops were watching a Des Moines apartment house for a drug dealer known to frequent the building. A detective decided on his own to go in the main floor and heard music coming from one of the apartments. Using his foot, he pushed open the door and the occupant's dog jumped up and bit. The detective sued the occupant (an older man who worked as a watch maker downtown.)
The judge ruled against the detective saying "Every dog is due one bite." The case was upheld on appeal to the Iowa Supreme Court and the 8th Circuit Court of Appeals and this became the Great Des Moines Dog Bite Case, published in several papers in the 1970s.
17 posted on 12/15/2006 1:14:23 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Bush_Democrat
Yea, that's my problem. I'm not overweight, I'm under-tall. I would be the perfect weight if I was a woman who's 8'4"...

ROTFL!

You're not overweight you're just big-boned ;)

18 posted on 12/15/2006 2:27:47 PM PST by MotleyGirl70
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To: Rakkasan1; Cagey
another rare judge with common sense.

Good to know the judge saw this as nothing but a frivolous lawsuit.

19 posted on 12/15/2006 2:35:23 PM PST by MotleyGirl70
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To: Eric in the Ozarks

every dog should be allowed to bite tresspassers as many times as necessary to finish the task.


20 posted on 12/15/2006 2:36:07 PM PST by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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