Posted on 01/07/2005 9:15:05 AM PST by Former Military Chick
CLEVELAND (AP) -- A viewer is suing NBC for $2.5 million, contending that he threw up because of a "Fear Factor" episode in which contestants ate rats mixed in a blender.
Austin Aitken told The Associated Press he watches "Fear Factor" often and had no problem with past installments where the reality show's participants ate worms and insects in pursuit of a $50,000 prize - but eating rats went "too far."
"It's barbaric, some of the things they ask these individuals to do," Aitken said Thursday.
Aitken's handwritten lawsuit contends the rat-eating made his blood pressure rise, resulting in being dizzy and lightheaded - and vomiting. Because he was disoriented he ran into a doorway, "causing suffering, injury and great pain."
Asked why he didn't shut off his television before the rat-eating segment, Aitken said he couldn't do it quick enough.
NBC responded with a brief statement: "We believe that the claim is completely without merit."
Aitken, a 49-year-old part-time paralegal, said he wants to send a message to NBC and other networks with the lawsuit. He said he isn't concerned with winning a cash judgment in court.
"I just put any figure. You really think I expect to get $2.5 million?" he said.
I don't know anything about the Judicial system, but I'm wondering if there's any way that the judge could dismiss this case and then make a summary judgement against the plaintiff for the amount he's suing for... $2.5 million, and then let this person take this through the appeals process, hopefully bankrupting the a$$!
Mark
Paging Mark Geragos, Mark Geragos Please pick up the Red Courtousy phone...
This guy is an idiot, anyone who watches Fear Factor knows that the second segment of the show is usually the "gross out" segment. There is usually some preview of what the contestants will have to eat before hand. I saw this episode, and thought it was pretty nasty, but I also laughed my butt off, the faces my wife was making during the "Rat Soup" segment were priceless!!
There are multiple ways to get the case dismissed. Motion to dismiss, motion for summary judgment, motion for judgment not withstanding the verdict (if he wins the judge can overturn the judy verdict), motion for judgment on the pleadings, etc. However, the only way the Plaintiff is going to have to pay anything is if NBC brings an action for sanctions, which would be perfectly warranted here.
I know from my extensive experience as a pro se defendant, and also as a plaintiff chasing pro se defendants, that motions for sanctions ("Rule 11" here in Massachusetts) can only be brought against a member of the bar.
However, I'm sure that NBC can ask for recovery of costs as part of their motion to dismiss, which I have no doubt will be forthcoming within the requisite number of days required for filing. I also have no doubt that their motion will prevail.
Lets not forget that all lawsuits to the MSM are good lawsuits, lets send nbc, cbs, abc, and cnn (clinton news network) into bankruptcy.
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