There were 43 garages to run out of gas in front of and he just happens to run out of gas in front of Spencer's. Gee, but Kurt wouldn't "actively participate in this type of behavior" now, would he? Yeah, right. He was looking to stir things up and he got more than he bargained for and, like the spoiled little snot he is, he's now angling for a lawsuit.
If you can't run with the big dogs...