Skip to comments.Viewer Sues Over 'Fear Factor' Rat (unfrickenbelievable)
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.
Filing a suit because he vomited and then injured himself.
This is by the far, the most silly lawsuit I have heard about and it MUST be thrown out.
He has the clicker, he is not being forced to watch Fear Factor. He should not profit from his stupidity.
This Aitken chump should get John Edwards(remember him?) on the phone.
"There are two Americas - one where rats are free to frolic, and the other where they put rats through blenders."
Hand-written lawsuit? He should have found a paralegal who could have helped him whip it into shape. Oh, that's right! This lame-brain IS a paralegal!
From the network that gave us The Bass-o-matic, "MMMM, that's good Bass". - Dan Akroyd
this paralegal slime should be fined by the courts for filing a frivolous lawsuit(2.5 million sounds about right), should be fired by his employer's for wasting the firm's time and insulting the sanctity of the judicial system, and finally, should be made to drink a pitcher full of blended rats..a rather fitting end for this piece of scum
You LOSE, YOU PAY ALL COSTS!
Defense counsel should make a motion for sanctions on this guy. They would likely win. Instead of this idiot sending a message to NBC they would be sending amessage to every moron like this guy = if you are going to file a lawsuit that is completely devoid of legal support you will be forced to pay sanctions to the Defendant in the form of legal fees they expended on defending the frivilous case. In this case I bet defense fees would be pretty high given that NBC has probably retained some pretty good, and pricey lawyers.
TORT REFORM = YOU LOSE YOU PAY ALL COSTS
That is actually a pretty good idea in that it might be upheld by a court. Every other tort reform gets overturned because it is an unfair restriction on trial by jury, but this isn't. However, the court would probably say that it would be an unfair restriction on access to the courts.
I was home sick with the flu watching television, and somebody came out on that show and started burping the alphabet.
I don't know why, but it set me off instantly. I hurled all over my parent's bed.
I didn't think to sue Chuck Barris, unfortunately.
Hmmmmm. Rat not on the Aitken's Diet? Who knew? :-p
I think I am going to puke!
Well, hit your head, and then you can sue Austin Aitken.
I thought he said it was good PIECE of Bass
If he wins, does this mean I can sue any raunchy or ignorant TV show that makes me sick to my stomach?
I can see it now...no TV broadcasting allowed because it makes someone sick....talk about a real wasteland...
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$$!
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.