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Judge Throws Out Ohio Viewer's Suit Against 'Fear Factor'
NBC 4 Columbus ^ | March 10, 2005

Posted on 03/10/2005 8:21:20 AM PST by flutters

Lawsuit Called Frivolous

CLEVELAND -- A judge threw out a lawsuit in which a viewer sued 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.

U.S. District Judge Lesley Wells called Austin Aitken's lawsuit frivolous and warned him against appealing.

"Evidently, fear was a factor for him," Matt Kunitz, the show's executive producer, said on Wednesday. "We knew that justice would prevail and we're pleased with the outcome."

A message left seeking comment from Aitken was not immediately returned.

Aitken, a 49-year-old part-time paralegal from Cleveland, previously told The Associated Press that he watched "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."

He said he sued to send a message to NBC and other networks about their programming.

Aitken's handwritten lawsuit contended 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."


TOPICS: Government; US: Ohio
KEYWORDS: fearfactor; lawsuit; tv
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1 posted on 03/10/2005 8:21:20 AM PST by flutters
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To: flutters

I hope this jackass has to pay the court costs.


2 posted on 03/10/2005 8:22:55 AM PST by sean327 (All men are created equal, then some become Marines!)
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To: flutters

Let's get a class-action lawsuit together and sue this guy for wasting our time and killing out brain cells.

He owes me 2 minutes and 7 IQ points.


3 posted on 03/10/2005 8:24:51 AM PST by Zeppelin (Keep on FReepin' on.....)
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To: flutters; holdonnow
Another frivolous lawsuit thrown out. Score one for the right side. This was an attempt to get money for nothing, which is all to common in today's society.

I do not like to watch them eat nasty things on Fear Factor, I know that is what the show does, so I do not watch it. Plain and simple, ha did not have to watch it. As soon as he saw what was going to be put in the blender he had the option to turn off the TV or change channels.

4 posted on 03/10/2005 8:28:30 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: flutters

5 posted on 03/10/2005 8:28:50 AM PST by kingattax ( "Evil triumphs when good men do nothing." -Thomas Jefferson)
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To: flutters
...contestants ate rats mixed in a blender.

A viewer sued, but PeTA didn't?

Wow!

6 posted on 03/10/2005 8:30:23 AM PST by Petronski (Zebras: Free Range Bar Codes of the Serengeti)
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To: flutters

LMAO! Let's all chip in and buy this fool a remote that way he can FLIP THE STATION instead of wasting time suing!


7 posted on 03/10/2005 8:31:11 AM PST by rockabyebaby (What goes around, comes around!)
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To: flutters
Man, first a homework suit gets thrown out, now this. How is a guy supposed to score big bucks anymore?
8 posted on 03/10/2005 8:31:16 AM PST by Larry Lucido
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To: flutters

I don't know why people have trouble with rats.
They're mammals, not insects or something creepy from the deep.
And they're not carnivores, the problem being that alot of carnivores carry parasites.

Heck, a little wasabi and a glass of Merlot, maybe throw in some Fava beans...


9 posted on 03/10/2005 8:33:59 AM PST by djf
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To: Jersey Republican Biker Chick; hchutch; dighton
This was an attempt to get money for nothing

"...and your chicks for free." (c8

10 posted on 03/10/2005 8:35:11 AM PST by Poohbah ("Hee Haw" was supposed to be a television show, not a political movement.)
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To: Poohbah
"...and your chicks for free." (c8

LOL Humor makes the day go by much faster.

There are about 4 or 5 threads today, about frivolous lawsuits being throw out of court. I asked this in another thread: Are the Judges finally waking up, or is it a precursor to Armageddon? Your thoughts?

11 posted on 03/10/2005 8:41:18 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: flutters

Fear Factor is a bunch of garbage that is emanated from Hollywierd. They have lost their heads. What I'm surprised is that they threw out this law suit and allow the suit on gun manufactures to pass. Let's be real, if they allow the tobacco industry to be raped in the courts, then what in the hell is their reason for not allowing this? Don't get me wrong, I think all these law suits should never have been allow in the courts at all. And I do use the remote, there is still some good programs on TV, but watching bodies cut open, etc. that is used as filler to a pointless story is getting tired.


12 posted on 03/10/2005 8:41:56 AM PST by Logical me (Oh, well!!!)
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To: Jersey Republican Biker Chick
Are the Judges finally waking up, or is it a precursor to Armageddon?

Let me know if you see dogs and cats living in sin (c8

13 posted on 03/10/2005 8:42:39 AM PST by Poohbah ("Hee Haw" was supposed to be a television show, not a political movement.)
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To: Poohbah
You will be the first one I ping if the dogs and cats start acting weird.
14 posted on 03/10/2005 8:43:52 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: flutters

Although I agree all this guy had to do was change the channel, I do like the idea of his sending the message that Fear factor is a POS show.

Only an idiot would watch it and its a sign of the deteriorating condition of America that enough idiots watch it to keep it on.


15 posted on 03/10/2005 8:49:50 AM PST by sgtbono2002
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To: sgtbono2002

I second that. This report brings mixed emotions.
On one hand, frivolous lawsuit. On the other hand,
rich Hollywood Producer gets sued. Wonder if Kunitz
is a typical limousine liberal?


16 posted on 03/10/2005 9:43:19 AM PST by clearlight
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To: djf

Remember the movie Never Cry Wolf, where the researcher ate field mice...raw, blended, boiled, etc? YUMMMMM.

How do people find lawyers to sue for idiocy like this?


17 posted on 03/10/2005 10:38:36 AM PST by Electrowoman
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To: Electrowoman

Aitken's handwritten lawsuit .........


18 posted on 03/10/2005 10:40:42 AM PST by JoeSixPack1 (@100 mph, you have no friends.)
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To: JoeSixPack1

Ahhhhhhhhhhhhh.


19 posted on 03/10/2005 10:51:10 AM PST by Electrowoman
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To: Electrowoman

:-)


20 posted on 03/10/2005 10:53:30 AM PST by JoeSixPack1 (@100 mph, you have no friends.)
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