We live in an unrealistic nation of litigation. Citizens can sue for ridiculous reasons and still win large sums of cash in exchange for their "pain and suffering." It is a nationwide problem, with lawsuits ranging from medical malpractice to something as stupid as being attacked by squirrels at a mall. It is a part of a larger problem in society – the idea that we are legally or rightfully entitled to things we are not, as well as the idea that we are victims of entirely fictional trauma.
In 2005, a lawsuit was filed against Victoria Osteen, the wife of Lakewood Church preacher Joel Osteen. Flight attendant Sharon Brown accused Osteen of assault. This would seem a reasonable lawsuit if Brown’s allegations were not extremely absurd. Brown claimed her faith was affected by the assault, and she developed hemorrhoids.
If Brown lost her faith because of the assault, she must not have had much faith in the first place. How Brown could have developed hemorrhoids for a reason other than constipation or a pregnancy is a valid question. On Aug. 14, a Houston jury rejected the suit.
In 2007, law student Stephen Dunne sued the Massachusetts Board of Bar Examiners for giving his exam a failing score. His reason was that one of the questions advanced "Secular Humanism’s homosexual agenda" and violated his religious beliefs. The question regarded the rights of a lesbian couple during a divorce – a pertinent question, considering same-sex marriage is legal in Massachusetts. The question neither discussed the morality of same-sex marriage, nor whether same-sex marriages are constitutional. The suit not only involved the Massachusetts Board of Bar Examiners, it also challenged the constitutionality of same-sex marriage. The latter showed the bar exam did not have an agenda, but Dunne used a legitimate question to further his own.
When Ron and Kristie Simmons’ son Justin died in April 2004 because of a lawnmower accident at a daycare center, they reasonably sued the facility. The parents dropped the suit, however, once they learned the daycare center only had $100,000 in insurance, instead suing the manufacturer of the lawnmower. Their lawyer argued the lawnmower did not have a safety device that would have prevented the son from being killed. The problem is the safety device was not invented when the mower was manufactured in 1988, and the mower passed government safety standards at the time. The jury fell for their emotional arguments, awarding the Simmons family $2 million – even though the daycare providers were at fault.
In 1990, Father David Hanser was sued by John Ramstack, a student whom he sexually abused. The priest settled by paying $65,000 and promising not to work with or near children. In return, Ramstack agreed not to publicize the case. Hanser did not follow through on his agreement because he continued to work near children at hospitals. The Ramstacks pleaded with the Church but were ignored. When they publicized the case, Hanser sued for breach of contract. The lawsuit was mediated in 2003, but keeping quiet about abuse, even though a party violated an agreement, is horrendous.
Frivolous lawsuits not only hurt the defendant, they also make the entire legal system subject to abuse by setting an example that anyone with a ridiculous claim can possibly win large sums of money. This transforms our legal system into a joke and ties up the courts. Lawsuits have a reason to exist – to correct a wrong committed on a party and give just compensation. Now it is a get-rich-quick scheme for both lawyers and opportunistic, immoral people. The United States is in desperate need of tort reform to stop this nonsense.
Corgey, a political science senior, can be reached via [email protected]
