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Viewer Sues Over 'Fear Factor' Rat (unfrickenbelievable)
Associated Press ^ | Jan 7, 11:20 AM EST | JOE MILICIA

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.


TOPICS: News/Current Events
KEYWORDS: fearfactor; rats; realityshow
You can read it the first time and laugh, you can read it a second time and laugh to tears, I have heard it all.

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.

1 posted on 01/07/2005 9:15:05 AM PST by Former Military Chick
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To: Former Military Chick
Aitken's handwritten lawsuit

Yeah, this is going to happen.
2 posted on 01/07/2005 9:18:18 AM PST by DarkSavant (Then it's obvious what we must do, let's.... kill human)
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To: Former Military Chick
Can I sue AP for printing this disgusting article? It made me sick to my stomach.
3 posted on 01/07/2005 9:18:57 AM PST by HarleyD
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To: Former Military Chick
Aitken, a 49-year-old part-time paralegal
4 posted on 01/07/2005 9:19:16 AM PST by EggsAckley
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To: Former Military Chick
Because he was disoriented he ran into a doorway, "causing suffering, injury and great pain."

He bumped his head. Now he's suing NBC. What's wrong with that?

NBC should be thankful he didn't stub his toe.  </sarcasm>
5 posted on 01/07/2005 9:19:58 AM PST by holymoly (If I keep saying it, it's because it's always true.)
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To: Former Military Chick

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."


6 posted on 01/07/2005 9:21:19 AM PST by headsonpikes (Spirit of '76 bttt!)
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To: EggsAckley

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!


7 posted on 01/07/2005 9:21:23 AM PST by ClearCase_guy (The fourth estate is a fifth column.)
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To: ClearCase_guy

From the network that gave us The Bass-o-matic, "MMMM, that's good Bass". - Dan Akroyd


8 posted on 01/07/2005 9:23:15 AM PST by massgopguy (massgopguy)
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To: All

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


9 posted on 01/07/2005 9:27:01 AM PST by michaelbfree
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To: Former Military Chick

TORT REFORM!

You LOSE, YOU PAY ALL COSTS!


10 posted on 01/07/2005 9:27:22 AM PST by HMFIC (US Marines, you yell, we shell.)
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To: ClearCase_guy

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.


11 posted on 01/07/2005 9:29:22 AM PST by shoffma1999
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To: HMFIC

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.


12 posted on 01/07/2005 9:31:42 AM PST by shoffma1999
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To: Former Military Chick
The Gong Show made me puke once when I was a little kid.

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.

13 posted on 01/07/2005 9:34:10 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: Former Military Chick

Hmmmmm. Rat not on the Aitken's Diet? Who knew? :-p


14 posted on 01/07/2005 9:34:43 AM PST by Hegemony Cricket (Life is a Tragedy for those who feel, and a Comedy for those who think.)
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To: shoffma1999
However, the court would probably say that it would be an unfair restriction on access to the courts.

Well, if they have a SOLID REASON, they'd have no FEAR of getting jammed for the costs. The ABILITY to PROVE the damage, etc, should be 100% to win. If they have THAT, they'd be good to go.
15 posted on 01/07/2005 9:35:11 AM PST by HMFIC (US Marines, you yell, we shell.)
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To: Former Military Chick

I think I am going to puke!


16 posted on 01/07/2005 9:36:32 AM PST by Bigturbowski
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To: Bigturbowski

Well, hit your head, and then you can sue Austin Aitken.


17 posted on 01/07/2005 9:39:58 AM PST by beaversmom (The greatness of a man is measured by the fatness of his wife)
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To: massgopguy

I thought he said it was good PIECE of Bass


18 posted on 01/07/2005 9:40:10 AM PST by Emmett McCarthy
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To: Former Military Chick

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...


19 posted on 01/07/2005 9:40:53 AM PST by Knitting A Conundrum (Act Justly, Love Mercy, and Walk Humbly With God Micah 6:8)
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To: Former Military Chick
He said he isn't concerned with winning a cash judgment in court.

Good thing, too, because the best thing he will get is laughed out of a SANE judge's court room.

The problem with that last statement is that with all of the leftists tinkering, there aren't many sane judges left. This stupidity could actually get to "trial" (negotiated extortion payoff to get the guy to go away).
20 posted on 01/07/2005 9:42:00 AM PST by DustyMoment (Repeal CFR NOW!!)
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To: Former Military Chick

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


21 posted on 01/07/2005 9:44:30 AM PST by MarkL (That which does not kill me, has made the last mistake it will ever make!)
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To: Former Military Chick

Paging Mark Geragos, Mark Geragos Please pick up the Red Courtousy phone...


22 posted on 01/07/2005 9:47:34 AM PST by Area51
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To: Former Military Chick

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!!


23 posted on 01/07/2005 9:47:53 AM PST by sean327 (All men are created equal, then some become Marines!)
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To: MarkL

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.


24 posted on 01/07/2005 9:51:33 AM PST by shoffma1999
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To: shoffma1999
Defense counsel should make a motion for sanctions on this guy. They would likely win.

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.

25 posted on 01/07/2005 9:55:22 AM PST by Maceman (Too nuanced for a bumper sticker)
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To: Former Military Chick

Lets not forget that all lawsuits to the MSM are good lawsuits, lets send nbc, cbs, abc, and cnn (clinton news network) into bankruptcy.


26 posted on 01/07/2005 11:25:10 AM PST by DixieOklahoma (Alabama - in 2006 vote ROY MOORE governor! - don't let us down!)
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