Man Sues Comcast For 'Always On' Claim Because of a 2005 connection outage... Comcast and Verizon Wireless have justly been criticized in the past for advertising capped broadband service as unlimited. Comcast stopped doing so a few years back, and Verizon Wireless recently stopped doing so after being investigated by New York's Attorney General. Promoting capped service as unlimited is clearly false advertising. But what about the frequent claim that broadband ISPs offer "always on" service? The "always on" tag is a throwback used to differentiate broadband service from dial-up, and shows up frequently in Comcast literature. Nobody in their right mind could interpret that as meaning that your connection would never go down, right? Wrong. One Pennsylvania man has taken the phrase literally, and sued Comcast for breach of contract and violation of state protection laws -- because his connection went down for two weeks back in 2005. CNET breaks down the subsequent legal bullfight: Comcast managed to get the case transferred to federal court and asked a judge to enforce the arbitration clause buried in Comcast's standard subscriber agreement. Schwartz won, at least preliminarily, when a district judge ruled that there was no valid arbitration agreement. But Comcast appealed, and Schwartz had less luck before the U.S. 3rd Circuit Court of Appeals. The appeals court has sent the case back to a trial court where it will continue.
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 pnh102Reptiles Are Cuddly And PrettyPremium join:2002-05-02 Mount Airy, MD | Stupid Lawsuit
Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads. -- Only SHATNER is Kirk. | |
|  |  telcolackey5The Truth? You can't handle the truth join:2007-04-06 Death Valley, CA | Re: Stupid Lawsuit Just more anti-Comcast news from BBR. | |
|  |  |  | | Re: Stupid Lawsuit Karl doesn't care for Comcast or its subsidiaries.
Shame on him! | |
|  |  |  |  | | Re: Stupid Lawsuit He doesn't like any ISP. Stories are always about the uber-super fast speeds in a lab or how some one at ISP x screwed something up. | |
|  |  |  |  |  FiLPremium join:2005-08-16 Silver Spring, MD | Re: Stupid Lawsuit So this ISN'T Broadband news???
And here I am thinking Comcast services the nation with intertubes..... | |
|  |  |  |  |  |  Reviews:
·Verizon FiOS
| Re: Stupid Lawsuit said by FiL:So this ISN'T Broadband news???..... why yes, it is broadband news - talk about shooting the messenger! | |
|  |  |  |  |  |  |  | | Re: Stupid Lawsuit Perhaps... but not sure how "fair and balanced" the news posting is on this site. | |
|  |  |  |  |  |  |  |  MikePremium,Mod join:2000-09-17 Pittsburgh, PA | Re: Stupid Lawsuit In that case submit a news story of your own if you do not like what our editors pick. | |
|  |  |  |  |  |  |  |  |  R4M0NBrazilian Soccer Ownz Joo join:2000-10-04 Glen Allen, VA | Re: Stupid Lawsuit said by Mike:In that case submit a news story of your own if you do not like what our editors pick. If it only were that easy. I've submitted many articles about FIOS deployment and never had any of them published. | |
|  |  |  |  |  |  |  |  |  telcolackey5The Truth? You can't handle the truth join:2007-04-06 Death Valley, CA | said by Mike:In that case submit a news story of your own if you do not like what our editors pick. I've tried that too. It was comparing all the negativity toward Comcast, while companies like Google go unscrutinized... This was also not deemed newsworthy.
I know Google is the ad source for BBR, so perhaps that wouldn't fly very well. -- "Believe only half of what you see and nothing that you hear." - Dinah Craik | |
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 |  |  |  |  |  |  |  Ahrenl join:2004-10-26 North Andover, MA | Please let me know if you find a "fair and balanced" news source, ANYWHERE.. | |
|  |  |  |  |  |  |  |  |  MysticGogetaThe Robot DevilPremium join:2005-03-14 League City, TX | Re: Stupid Lawsuit said by Ahrenl:Please let me know if you find a "fair and balanced" news source, ANYWHERE.. Not from Fox. -- Team Discovery-Join the fight | |
|  |  |  |  |  |  |  |  |  |  leXicon5Pelosi, SHUT YOUR Fing Pie HolePremium join:2000-12-27 Saint Louis, MO | Re: Stupid Lawsuit said by MysticGogeta:said by Ahrenl:Please let me know if you find a "fair and balanced" news source, ANYWHERE.. Not from Fox. Or CNN, or CBS, or NBC, or ABC, or (insert news org here) I find it hilarious that while one rube calls Fox out on not delivering the whole story that the same person will say the other networks do provide the whole story...which is ummmmm....a lie. journalistic integrity is DEAD in this country. -- It's B.C., Before Christ. It's A.D. Anno Domini, The year of (Our) Lord. Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! Merry Christmas! | |
|  |  |  |  |  |  |  |  |  |  ackman join:2000-10-04 Acworth, GA | Re: Stupid Lawsuit I understand your point, and you are correct, but Fox is just the most egregious example of corporate bias and propaganda in the news media, the poster child as it were. They should be required to take the word "News" out of their name, it's clearly false advertising. Or at least change the name to Fox News and Opinion Channel. | |
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 |  |  exocet_cmYou delete it, I'll find itPremium join:2003-03-23 New Orleans, LA kudos:2 | Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR.
Corrected your comment for ya telcolackey5 . -- "I have measured out my life with coffee spoons..." - T.S Eliot Check Out the Tech Bench »www.johndball.com/index.php/tech-bench/ Ma blog: »www.johndball.com | |
|  |  |  |  Jerm join:2000-04-10 Richland, WA kudos:2 | Re: Stupid Lawsuit yeah, this isn't wikipedia where we pretend to have NPOV [citation needed] | |
|  |  |  |  telcolackey5The Truth? You can't handle the truth join:2007-04-06 Death Valley, CA | said by exocet_cm:Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR. Corrected your comment for ya telcolackey5  . You would make a good BBR moderator. Need to ensure the anti-corp message stays strong! I think there is something in the BBR TOS which says this and anyone disagreeing with this position will be banned. Or was that AT&T  -- "Believe only half of what you see and nothing that you hear." - Dinah Craik | |
|  |  |  |  |  exocet_cmYou delete it, I'll find itPremium join:2003-03-23 New Orleans, LA kudos:2 | Re: Stupid Lawsuit said by telcolackey5:said by exocet_cm:Just more anti-Comcast Broadband related news from BBR news.com relayed via BBR. Corrected your comment for ya telcolackey5  . You would make a good BBR moderator. Need to ensure the anti-corp message stays strong! I think there is something in the BBR TOS which says this and anyone disagreeing with this position will be banned. Or was that AT&T HA! Thanks telcolackey, hey vote for me for next round of BBR mods!!!  -- "I have measured out my life with coffee spoons..." - T.S Eliot Check Out the Tech Bench »www.johndball.com/index.php/tech-bench/ Ma blog: »www.johndball.com | |
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 |  |  | | How is this anti-Comcast news? Sure, the lawsuit is against Comcast, but the opinion of the plaintiff is obviously negative:
Nobody in their right mind could interpret that as meaning that your connection would never go down, right? Wrong. If Karl were posting this supporting the guy, he would have said something like "Everyone just assumes that 'always on' means that your connection will never go down, but apparently Comcast doesn't agree." | |
|  |  |  MikePremium,Mod join:2000-09-17 Pittsburgh, PA | News is news.
Including even if you don't like it.
This is a pretty major claim since "always-on" is a term thrown out with just about everything. | |
|  |  |  SlyPremium join:2004-02-20 Johnson City, TN | ...and the problem is? | |
|  |  |  Reviews:
·Verizon FiOS
| Most BBR news shows more negative news than positive news (at least against the "evil corporate" machine). But tell me what valid news agency posts more positive news than negative?
I think the article is funny... will cost Comcast loads of lawyer fees and maybe some fine-print adjustment. -- »www.fairtax.org | |
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 |  rawgerzThe hell was that?Premium join:2004-10-03 Grove City, PA | Didn't you think for a second that maybe he was suing because he felt he found a technicality for making money?
How many lawsuits these days are for justice or principle instead of financial gain?
The guy DID lose his internet for two weeks, I would be pissed too. Nothing takes that long to fix. --
You can't make all the people happy all of the time. But it should be common sense to shoot for the majority. | |
|  |  Jim GurdPremium join:2000-07-08 Plymouth, MI | This is why companies are forcing customers into arbitration agreements.
I hope Comcast prevails on this. It's a frivolous lawsuit. | |
|  |  |  | | Re: Stupid Lawsuit said by Jim Gurd:This is why companies are forcing customers into arbitration agreements. exactly, because they now that they can not provide the service they advertise and do not want to go to court and lose. | |
|  |  |  | | One good thing about California - we don't go for that crap. If we want to, and have the money to, initiate a class action against a company for violating law, we can do it, regardless of any terms of "mandatory arbitration". | |
|  |  |  |  fiberguyMy views are my own.Premium join:2005-05-20 kudos:3 | Re: Stupid Lawsuit Riiiiiiiiiight...  | |
|  |  |  |  |  | | Re: Stupid Lawsuit Fiberguy,
The attorney I live with who happens to be licensed in California, Wisconsin, and D.C. says it's possible. I think I'll listen to an attorney over you. Okay? | |
|  |  |  |  |  |  fiberguyMy views are my own.Premium join:2005-05-20 kudos:3 | Re: Stupid Lawsuit Wow... the 20 attorneys I work with say yours is wrong.. so I'll take their word over yours.
Doesn't matter, anyway, in the end what any attorney says.. it's what the judge says.. so, to be honest, (and we all know how far "my friend who is an attorney says" goes around here) it don't matter. Okay? | |
|  |  |  |  |  |  |  | | Re: Stupid Lawsuit Black letter law.
California recognizes the consumer's right to class action - Ting vs. AT&T, if you want a small reference.
As a result a number of companies changed their terms where they once prohibited class actions as they pleased - but now they are adding terms excluding California residents. It's also why a lot of companies refuse to do business with you if you're a California resident - they know you've got the power to shut them down if they screw up. Vis a vis - Purpose Discover Card. | |
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 |  Sean join:2004-01-23 Toronto | said by pnh102:Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads. Let me ask you: did YOU read YOUR contract? | |
|  |  |  pnh102Reptiles Are Cuddly And PrettyPremium join:2002-05-02 Mount Airy, MD | Re: Stupid Lawsuit said by Sean:Let me ask you: did YOU read YOUR contract? Yes. -- Only SHATNER is Kirk. | |
|  |  |  Aleck79 join:2003-07-23 College Station, TX | do you read your contract? At the end of it you will see a statement that the contract does not take away certain rights, and it depends on the laws in that state.
I believe in the state of Texas (not 100% on this), a company cannot take away your right to sue.
from some of the other comments i assume Cali is the same way. Any way is this? Who does the arbitration company get their money from? And who would the cable company go to if they see a favorable number decisions going their way?
Arbitration is a joke, but when they are paid for by like this, their is always going to be a conflict of interest. | |
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 |  tc1uscg join:2005-03-09 Saint Clair Shores, MI | said by pnh102:Didn't this guy read the part of his contract that said that service is not guaranteed? I think this is also mentioned in all of Comcast's ads. "always on".. "no guarantee". Contradiction wouldn't you think? Maybe what we are seeing is a trend where big corporations who make unrealistic claims to entice people to buy their services are being challenged. Would you buy service from someone who up front tells you, up 75% of the time or one who says the network is up 100% of the time? Would you buy a car that says it gets 50mpg or one that says it gets 15? Lets just all blame marketing.  | |
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 DotMac4Shill H8rPremium join:2007-10-26 Huntington Beach, CA 3 edits | It is always on Just doesn't always work.
If you're going to sue, do it over the "Crazy fast" claims which aren't true thanks to their oppressive network management tactics.
This case will come down to would a 'reasonable' person assume that always on means an 100% uptime SLA. I would say certainly not. -- Help keep cable rates low; support "Big Cable" in their fight against the extortionists at the NFL Network! | |
|  Romney2012Defeat Obama 2012-Chg we can believe inPremium join:2002-03-03 USA kudos:4 | Only a moron would see "always on" as "never down"
This case should have been thrown out of court. No one can reasonably expect to believe that a claim of "Always on" ever meant that it would never fail. The only cause of action this guy should have had would be for compensation for the outage itself. And I am sure that Comcast would have given him a free month for the outage. | |
|  |  See 22 replies to this post | |

approval from: Cabal 
| honestly honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ????? | |
|  |  DotMac4Shill H8rPremium join:2007-10-26 Huntington Beach, CA 4 edits | Re: honestly I guess you missed all the FiOS installers break this and that articles Karl used to run and still would should the cable fanbois submit them.
Meanwhile the site has more than its share of cable trolls to balance out anything Karl may do. | |
|  |  Romney2012Defeat Obama 2012-Chg we can believe inPremium join:2002-03-03 USA kudos:4 | said by imusuallyon :
honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ????? I disagree with that characterization. The editor dumps on all corporations - not just cable. | |
|  |  pogPremium join:2004-06-03 Kihei, HI | This story is legit... Karl's editorializing, while extremely minimal, is even supportive of your viewpoint... so what's your problem?? -- My Site | |
|  |  gaforcesUnited We Stand, Divided We Fall join:2002-04-07 Santa Cruz, CA | said by imusuallyon :
honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ????? I notice that he is inconsistent in his editorial, one day will be pro consumer, then turn around the same day and tout the corporations line. Im still not forgetting how the Corps made this site get rid of my favorite Thumbs UP or Thumbs DOWN characterizing the ratings. -- Do ye, quieting in your bosoms your strong hearts, Who of many good things have had your fill even to surfeit, With what is moderate nourish your mighty desire; for neither will We yield, nor shall you have all else as you wish. Solon | |
|  |  Reviews:
·Verizon FiOS
| said by imusuallyon :
honestly the news here is no more then telco astroturfing. right up their with the national enquirer. good job Karl. is this site funded by the telcos ????? hmmmm. the name of the site used to be "dslreports"; I wonder who provides dsl? what companies would likely be featured in news about dsl?
wait a minute, I know - telcos!
see, wasn't that easy?
and here's a twofer: the site is now named "broadbandreports"; guess who provides broadband - that's right, cable companies and telcos and BPL (not really, but we pretend) and satellite (another pretend). That must be why we see stories about these providers on the site.
easy things made easier for those that need it. | |
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 TzaleProud Libertarian ConservativePremium join:2004-01-06 NYC Metro | BS..
This is so stupid.... Think about it, it's ALWAYS ON when the service is UP! DUH!!!! It's not ALWAYS ON if the service goes down, and since Comcast doesn't go out of their way to turn off the service when nothing is wrong, this lawsuit is frivolous.
-Tzale | |
|  |  CylonRedPremium,MVM join:2000-07-06 Bloom County | Re: BS.. said by Tzale:This is so stupid.... Think about it, it's ALWAYS ON when the service is UP! DUH!!!! It's not ALWAYS ON if the service goes down, and since Comcast doesn't go out of their way to turn off the service when nothing is wrong, this lawsuit is frivolous. -Tzale Got that right... It better be thrown out or some one will have some 'splain'n to do. | |
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 amungusPremium join:2004-11-26 America Reviews:
·AT&T DSL Service
| funny I find this almost comical Guess that's why it's filed under "oddities" under the headline 
In a way, I almost hope he wins. If/when this gets to a jury though, I'm pretty sure most people will laugh it off and it'll get thrown out. Most regular folks understand that unless you have a business class connection, you have no guarantees that the 'net will always be perfect, let alone working. Granted, two weeks with no service stinks, but I actually agree w/HTC/TCH that he probably could've got a month or two of free service out of 'em if he worked with them nicely.
You hear it all the time... "I run my business from this - (insert: consumer grade pc, residential connection, or other absurd claim) and it better work!" - well here's some advice: 1st thing's first - BACKUP your data! Get a nice computer that isn't your run of the mill eMachine or whatever. Get another method to connect to the 'net, whether that's dialup, a cellular card, a DSL line, or, if you can really afford it, a "business class" connection from your cable/telco provider. Heck, get a laptop and go to a friend's house, go to a coffee shop, somewhere you can work for awhile in relative peace. Even if this guy's gripe isn't work related, I just roll my eyes every time I hear about people saying things like that... "well, why shouldn't my cheapo whatever be able to handle it?"
Just for fun - it would be nice to have an unlimited 'always on' connection that was truly unlimited, truly guaranteed to work at all times, and was cheap  | |
|  |  See 11 replies to this post | |
 DHRacerFire Survivor join:2000-10-10 Lake Arrowhead, CA Reviews:
·Charter
·Verizon Online DSL
| Next up, other utilities I'm sure Edison and the Gas Companies weren't sued out of existence in their early years for making claims that it was "always on", despite the slow emergence of those utilities into homes and business that were previously oil-lamps and fireplaces.
Next people will sue for winter outages that seem to frequent the northeast. Or do they already do that? -- "No one will believe you solved this problem in one day! We've been working on it for months. Now, go act busy for a few weeks and I'll let you know when it's time to tell them." (R&D Supervisor, Minnesota Mining & Manufacturing /3M Corp.) | |
|  jmn1207Premium join:2000-07-19 Ashburn, VA | It Works Both Ways If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself... | |
|  |  | | Re: It Works Both Ways said by jmn1207:If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself... Because of the word: Reasonable. And what this lawsuit is about is UNreasonable. No technology is infallible. | |
|  |  |  | | Re: It Works Both Ways in fallible or not two weeks without service would make anyone crazy. | |
|  |  |  jmn1207Premium join:2000-07-19 Ashburn, VA | Conglomerates are selective in how they interpret things, and great big bags of money seem to encourage policy makers and judges to take their side almost exclusively. What is reasonable about faking packets? I hope this gets thrown out, as I would hate to see a new recovery fee on my bill to cover any court costs that might be incurred.
This charge is intended to offset certain costs incurred by our customers' unreasonable lawsuits.
I'd kill for the same kind of flexibility when paying my bills. Imagine being able to keep a couple extra dollars for the weekly football pool because sound was mysteriously lost in the middle of a DVR playback.
It would only seem like an unreasonable lawsuit if the US was not completely overflowing with seemingly ridiculous amounts of crazy, nutty whiners looking to make a buck for the stupidest of things. I don't even roll my eyes anymore when I read these stories. This is the "Professional driver on a closed course" generation. | |
|  |  |  jubangyPremium join:2005-03-26 Erie, PA Reviews:
·ViaTalk
| said by AtomicZero:said by jmn1207:If Comcast can be persnickety in their legal jargon with regards to network "management", why can't the customers hold Comcast's marketing department to the same standards? Corporations have more rights than individuals. If only I could incorporate myself... Because of the word: Reasonable. And what this lawsuit is about is UNreasonable. No technology is infallible. Tell that to the RIAA | |
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 benn19 join:2001-06-21 Plainfield, IL | ALWAYS does get some in trouble WalMart was busted for this years ago,and the court found in favor of the person filing the suit. The claim was WM's signage stated " ALWAYS The Low Price, ALWAYS". Well as we know no matter who you are, you can't ALWAYS. So they had to change all of the corprate signage to "ALWAYS low prices, ALWAYS" | |
|  |  | | Re: ALWAYS does get some in trouble My father runs his own business and advertises "we will beat any competitors estimate, guaranteed" If a customer says they got a lower estimate elsewhere, he simply beats it, no trickery there, just good business.
off topic but as for chinamart(walmart) my years ago my mother worked there when they advertised MADE IN THE USA. we bought just about everything from there. Last xmas I every and i mean every toy purchased from walmart was broken within two days. I returned a shopping cart full of toys and to my surprise so did hundreds of other people.
In my opinion the high profit, low/minimal quality business model is the scourge of the U.S. Bring me back to the days when I could find a label that said MADE IN THE USA and know that i was getting quality. | |
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 | | Ping Rickster Absent an SLA specifying performance levels, as is common in telecommunications circuits, the defendant, Comcast, an entertainment provider, isn't required to provide reliable service. Nor are they liable for their failure to provide same. | |
|  |  | | Re: Ping Rickster at present that may or may not be true, never the less we should hold them accountable for providing reliable service, since the internet IS used for more than myspace and downloading porn. people and business alike require quality service and we should hold them to higher standards. | |
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 GlobalMindDomino Dude, POWER Systems GuyPremium join:2001-10-29 Hollywood, FL | Sounds fun. Good luck with that there buddy. ; ) | |
|  |  | | Always On ?
In a "Buyer, Beware!" world, it's about time that "Sellers, Beware!"
Sellers have come to believe that if they can get away with it, then it right, and it's good for everyone.
Sellers will say or do nearly anything that can to maximize what they get from you while minimizing the product.
Not all - but MANY.
You'll be seeing more and more "Seller Beware" stories as time goes on. | |
|  | | A little song for the idiot sueing comcast... "I want money! I want fame! I want Money, who can ask for anything more?"
Spoken by the Idiot sueing Comcast. | |
|  hhuckI Don't know what to put herePremium join:2001-03-03 Windsor, NY | The Stella Awards People, please, our country and it's courts fall for this shit every day.....
For those unfamiliar with these awards, they are named after 81-year-old Stella Liebeck who spilled hot coffee on herself and successfully sued the McDonald's in New Mexico where she purchased the coffee. You remember, she took the lid off the coffee and put it between her knees while she was driving. Who would ever think one could get burned doing that, right?
That's right; these are awards for the most outlandish lawsuits and verdicts in the U.S. You know, the kinds of cases that make you scratch your head. So keep your head scratcher handy.
Here are the Stella's for the past year:
7TH PLACE: Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son.
6TH PLACE: Carl Truman, 19, of Los Angeles, California won $74,000 plus medical expenses when his neighbor ran over his hand with a Honda Accord. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps. Go ahead, grab your head scratcher.
5TH PLACE: Terrence Dickson, of Bristol, Pennsylvania, who was leaving a house he had just burglarized by way of the garage. Unfortunately for Dickson, the automatic garage door opener malfunctioned and he could not get the garage door to open. Worse, he couldn't re-enter the house because the door connecting the garage to the hou se locked when Dickson pulled it shut. Forced to sit for eight, count 'em, EIGHT, days on a case of Pepsi and a large bag of dry dog food, he sued the homeowner's insurance company claiming undue mental Anguish. Amazingly, the jury said the insurance company must pay Dickson $500,000 for his anguish. We should all have this kind of anguish. Keep scratching. There are more...
4TH PLACE: Jerry Williams, of Little Rock , Arkansas , garnered 4th Place in the Stella's when he was awarded $14,500 plus medical expenses after being bitten on the butt by his next door neighbor's beagle - even though the beagle was on a chain in its owner's fenced yard. Williams did not get as much as he asked for because the jury believed the beagle might have been provoked at the time of the butt bite because Williams had climbed over the fence into the yard and repeatedly shot the dog with a pellet gun. Grrrrr ... Scratch, scratch.
3RD PLACE: Amber Carson of Lancaster, Pennsylvania because a jury ordered a Philadelphia restaurant to pay her $113,500 after she slipped on a spilled soft drink and broke her tailbone. The reason the soft drink was on the floor: Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argum ent. What ever happened to people being responsible for their own actions? Scratch, scratch, scratch. Hang in there; there are only two more Stella Ts to go...
2ND PLACE: Kara Walton, of Claymont, Delaware sued the owner of a night club in a nearby city because she fell from the bathroom window to the floor, knocking out her two front teeth. Even though Ms. Walton was trying to sneak through the ladies room window to avoid paying the $3.50 cover charge, the jury said the night club had to pay her $12,000....oh, yeah, plus dental expenses. Go figure.
1ST PLACE: (May I have a fanfare played on 50 kazoos pleas e) This year's runaway First Place Stella Award winner was Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who purchased a new 32-foot Winnebago motor home. On her first trip home, from an OU football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver's seat to go to the back of the Winnebago to make herself a sandwich Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set. The Oklahoma jury awarded her, are you sitting down?, $1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any rel atives who might also buy a motor home. -- Howie, Vista, TDS DSL | |
|  |  tmpchaosRequiescat in pacePremium,Mod join:2000-04-28 Hoboken, NJ Reviews:
·Optimum Online Host: All Things Macintosh Bell Canada Digital Imaging Digital Imaging Te..
| Re: The Stella Awards said by hhuck:People, please, our country and it's courts fall for this shit every day..... For those unfamiliar with these awards, they are named after 81-year-old Stella Liebeck who spilled hot coffee on herself and successfully sued the McDonald's in New Mexico where she purchased the coffee. You remember, she took the lid off the coffee and put it between her knees while she was driving. Who would ever think one could get burned doing that, right? That's right; these are awards for the most outlandish lawsuits and verdicts in the U.S. You know, the kinds of cases that make you scratch your head. So keep your head scratcher handy. Here are the Stella's for the past year: 7TH PLACE: Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son. 6TH PLACE: Carl Truman, 19, of Los Angeles, California won $74,000 plus medical expenses when his neighbor ran over his hand with a Honda Accord. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps. Go ahead, grab your head scratcher. 5TH PLACE: Terrence Dickson, of Bristol, Pennsylvania, who was leaving a house he had just burglarized by way of the garage. Unfortunately for Dickson, the automatic garage door opener malfunctioned and he could not get the garage door to open. Worse, he couldn't re-enter the house because the door connecting the garage to the hou se locked when Dickson pulled it shut. Forced to sit for eight, count 'em, EIGHT, days on a case of Pepsi and a large bag of dry dog food, he sued the homeowner's insurance company claiming undue mental Anguish. Amazingly, the jury said the insurance company must pay Dickson $500,000 for his anguish. We should all have this kind of anguish. Keep scratching. There are more... 4TH PLACE: Jerry Williams, of Little Rock , Arkansas , garnered 4th Place in the Stella's when he was awarded $14,500 plus medical expenses after being bitten on the butt by his next door neighbor's beagle - even though the beagle was on a chain in its owner's fenced yard. Williams did not get as much as he asked for because the jury believed the beagle might have been provoked at the time of the butt bite because Williams had climbed over the fence into the yard and repeatedly shot the dog with a pellet gun. Grrrrr ... Scratch, scratch. 3RD PLACE: Amber Carson of Lancaster, Pennsylvania because a jury ordered a Philadelphia restaurant to pay her $113,500 after she slipped on a spilled soft drink and broke her tailbone. The reason the soft drink was on the floor: Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argum ent. What ever happened to people being responsible for their own actions? Scratch, scratch, scratch. Hang in there; there are only two more Stella Ts to go... 2ND PLACE: Kara Walton, of Claymont, Delaware sued the owner of a night club in a nearby city because she fell from the bathroom window to the floor, knocking out her two front teeth. Even though Ms. Walton was trying to sneak through the ladies room window to avoid paying the $3.50 cover charge, the jury said the night club had to pay her $12,000....oh, yeah, plus dental expenses. Go figure. 1ST PLACE: (May I have a fanfare played on 50 kazoos pleas e) This year's runaway First Place Stella Award winner was Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who purchased a new 32-foot Winnebago motor home. On her first trip home, from an OU football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver's seat to go to the back of the Winnebago to make herself a sandwich Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set. The Oklahoma jury awarded her, are you sitting down?, $1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any rel atives who might also buy a motor home. »www.stellaawards.com/bogus.html -- I get slandered Libeled I hear words I never heard in the bible.
***ATMFAQ***DIFAQ***Kitchen Sink*** | |
|  |  | | said by hhuck:For those unfamiliar with these awardsThe Oklahoma jury awarded her, are you sitting down?, $1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any rel atives who might also buy a motor home. I know it sounds awful, but I swear to Christ I am this close to emigrating. Anywhere. Just to escape from this Nation of the Stupid.
Is there no end to this sh*t? | |
|  |  |  ThespisI'm not an actor, but I play one on TV.Premium join:2004-08-03 Keller, TX | Re: The Stella Awards You did read the link in the post above yours, right? All those stella awards are fabricated... | |
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 | | Wow I wish someone would slap this guy for wasting the court's time and taxpayer's money. | |
|  VegasManAre We There Yet?Premium join:2002-11-17 Schaumburg, IL | How Dare you How dare you people bash Apple they have done nothing wrong.
Oh wait. What's that? This isn't an Apple fanboy thread? Nevermind. -- In need of a Vegas vacation. | |
|  Unit649I B U, Who U B?Premium join:2000-01-22 Stockton, CA | I notice Many hosting providers now usually say "99% uptime" instead of 100%. I wonder if someone sued because their website was down for a few minutes.
Some even use "95% uptime" on occasion.
The fact its made it this far though tells the story-Comcast should have settled this out of court long ago. The negative publicity will cost them more than the actual costs of pursuing this.
I'm betting someone told them to settle and that person is laughing now at the fact its still going on.
They should offer a settlement now before he actually has a chance to win. | |
|  | | Hey fiberguy Hey Fiberguy,
Here's one of those "arbitration agreements" that was thrown out. You see, just because companies put things like this in the TOS, or the AUP, or whatever doesn't mean SQUAT. Now, this could very well be overturned, but I just wanted to point out that it's possible to do. | |
|  | | It's news either way doesnt matter who or why it was posted, it wasn't a lie and we all choose to come here and read it or not. | |
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