Posted on 04/27/2005 10:51:32 AM PDT by freepatriot32
A Windsor hairstylist who suffered "recognizable psychological injury" after discovering a dead fly in a bottle of Culligan water has been awarded more than $340,000 in damages.
Waddah (Martin) Mustapha, who operates two outlets of Martin's Coiffure and Spa at the Radisson Hotel and Casino Windsor, claimed "nervous shock, emotional distress and resulting anxiety, depression and physical and psychological conditions" arising from a breach of contract with Culligan.
"It's long overdue," Mustapha said of the settlement.
On Nov. 21, 2001 Mustapha and his wife Lynn, who was seven months pregnant, were preparing a new bottle of Culligan water to put in their dispenser when she saw something dark in the bottle. Both looked closely and saw legs and wings and realized it was a dead fly.
Lynn Mustapha vomited immediately and Martin vomited later in the evening.
Justice John Brockenshire heard that after discovering the fly Mustapha "could not get the fly in the bottle out of his mind."
Mustapha told court he would have nightmares about falling into a ditch face down in water and he could not sleep more than four hours a night.
LOST SENSE OF HUMOUR
He also testified that he lost his sense of humour and became argumentative and edgy.
Mustapha did not see a doctor until January 2002 and told the doctor that his salon clients were "asking what was wrong with him and whether he was OK."
The doctor prescribed anti-depressants to help him relax and sleep.
He was also prescribed stool softeners for constipation which Mustapha attributed to the fact that he used to drink eight glasses of water a day and now drank none.
Since the incident, Mustapha said he was unable to get the image of the fly out of his mind, and often pictured flies walking on animal feces or rotten food and then being in his bottled water.
Prior to the fly incident Mustapha would shower daily, singing while doing so.
Afterward Mustapha would stand in the bathroom contemplating whether to shower or not and would often just get dressed and leave or wipe a cloth under his arms before applying deodorant.
Following therapy Mustapha was able to stick his head under the water so it would not touch his face and later had therapy where he would stand in the dry shower in a bathing suit.
After the incident Mustapha began drinking coffee made with only warm milk and instant coffee but after therapy was able to drink coffee made in the traditional manner.
Mustapha was unable to resume drinking water by itself.
Mustapha's lawyer Pat Ducharme said the case is unique in Canada.
"I found precedence that had to do with people who consumed elements but never a case where someone had seen something in a bottle and developed a severe depression," said Ducharme.
He said the case was successful because of the number of doctors who examined Mustapha.
SEVERE DEPRESSION
"All of them came to the same conclusion that he was suffering from a severe depression because of seeing the fly in the bottle," said Ducharme.
Another contributing factor was that a psychiatrist hired by Culligan examined Mustapha for 10 minutes and deemed his claims bogus, Ducharme said, an assertion that Brockenshire rejected.
Culligan's water distributed in Windsor comes from a plant in Woodstock.
The company testified that it has extensive filtering and purification systems but that flies could enter the so-called "clean room" and enter a bottle before or during its filling.
"I am prepared to accept that the odds against this happening are very high," Brockenshire wrote in his decision.
"However, it should not have happened at all."
Culligan operates water purification companies in more than 90 countries.
The company has 30 days to appeal the decision.
After the incident Mustapha's business at the Radisson, where he spent the majority of his time, suffered greatly.
Mustapha was awarded $80,000 in general damages, past and future special damages of $24,174.58 and past and future economic damages of $237,600.
Good Lord, just cane this greedy a*hole and his whimpering wife, take away their food stamps and their gourmet water chiller, and STFU.
Unbelievable.
It's real easy to upset girly men.
I'll bet he smiled when he heard 340,000 reasons to from the jury.
The dude should get something, but that amount is ridiculous. Plus all this "emotional damage" stuff galls me. Are we a nation whose psyches are made out of cotton candy?
If he only knew what was in his hot dog.............
Prior to the fly incident Mustapha would shower daily, singing while doing so.
Couldn't let this go by.
This seems to indicate he didn't even drink the water, only preparing the bottle:
"On Nov. 21, 2001 Mustapha and his wife Lynn, who was seven months pregnant, were preparing a new bottle of Culligan water to put in their dispenser when she saw something dark in the bottle. Both looked closely and saw legs and wings and realized it was a dead fly."
If the guy is gay which he likely is, he thinks a fly in water has caused more "emotional damage" than his fudge packing habits?
I found a roach in My beer, once. Took another six pack to wash the thought out of My mind!
Ugh!! What a frikkin' drama queen!!! Geez, I once accidentally swallowed a mosquito while camping... and laughed about it.
I was recently grossed out when I witnessed a coworker picking his nose. All the the joy in my life is gone now, and I can't sleep at nights. I should sue him for everything he's got...
are you canadian ?
I'd hate to think how this guy might react if he had to face some honest-to-goodness adversity in his life.
claimed "nervous shock, emotional distress and resulting anxiety, depression and physical and psychological conditions" & LOST SENSE OF HUMOUR... He also testified that he lost his sense of humour and became argumentative and edgy. "
My gut says - liar. Frivolous lawsuit number umpteen thousand.
What a wuss. It's a bug. Anyone who spends any amount of time outdoors has eaten, or drank things that have come in contact with bugs. Big deal - bug on my sandwich or in my drink doesn't override my desire to consume it.
It says he has a pregnant wife.
Yeah...a new jug of water.
There was an old lady who swallowed a fly.
I don't know why she swallowed the fly,
I guess she'll die.
There was an old lady who swallowed a spider,
that wiggled and wiggled and tickled inside her.
She swallowed the spider to catch the fly.
I don't know why she swallowed the fly.
I guess she'll die.
Yeah.
He (and his lawyer) should have gotten a kick in the ass from the judge when told Mustafa to get the hell out of the courtroom!
What a pathetic case.
No wonder there's no justice.
The courts are clogged with this sh*t.
Jeeze, I found a rusty hairpin in a bottle of 7-Up when I was a kid. I wondered why the pop tasted so bad until I saw the hairpin. Guess I should have sued somebody and collected $340,000 instead of just throwing it away.
What a candy a$$.
I just don't know how they can keep a straight face. That's a nice payday, but I'd crack up laughing from making some of those claims.
A Canadian judge would laugh at him...
Yet on Fear Factor they would eat the FLY and more for the $50 grand.
But then again....
The proper response from the judge should've been: "You're kidding, right? Case dismissed on account of wussiness."
Ha! I always liked that old saying:
"Better put some gasoline on them socks!"
- Why?
"So the ants don't crawl up & get your candy a$$!"
Sometimes it just fits.
Bue he ain't got nuffin left....he ate it after he picked it.
If I did something like that I'm afraid that my father's bones would dig their way outta the hallowed ground and come and get me!
Where have all the cowboys gone?
Evian spelled backwards is Naive isn't it........:o)
People that pay 2 dollars for a pint of yuppy water are getting the same puppy piss that comes out of the tap yet they bitch about the 2 dollar plus price of gas .....LMAO !!
Rich....rich as six foot up a bulls butt !
Ewwwe reading your post totally grossed me out i can no longer eat any green vegetables and my health is going to suffer as a consiqence im going to sue you for one million dollars minimum :-)
This is absurd! The guy is exposed to insect parts every day. Just didn't SEE them until this incident. I can justify asking for a refund on the bottle of water , but not a penny more!
reminds me of a lady that sued mcdonalds for 15 grand because of the severe physical and emotional pain she whent through when a pickle from her burger landed on her chin and supposedly gave her 3rd degree burns. he husband also sued mcdonalds for 10 grand because his wife was no longer as affectionate as she had been previously and she was no longer capable of doing the house work. They both won.
and a real loser might ask for a free 12 carton of water or something stupid, but 340,000 is a bit, er, excessive.
This guy probably ate flies when he was a kid.
Well, heck, swallowing a zipper could be sorta hazardous to a person's health.
Who the he!! are the juries who award this money. I would have laughed at him.
Wifey comes home and sees Hubby running around the room with a fly swatter.
She asks, "What are you doing, Hubby?"
"Swatting flies" he answers.
"How many did you swat so far?" Wifey asks.
Hubby says, "Five... three males and two females."
"How can you distinguish between male and female?" she asks.
"Three were sitting on a can of beer, two were on the phone." !!! ;-))
That's a good joke for the Friday's Silliness Thread!
I remember getting down on my hands and knees and drinking runoff and drinking water from streams on a farm with cattle. Recently, I tried some raspberry flavored bottled water and I couldn't finish the bottle. I thought it tasted like cough syrup.
Lawyer, there's a fly in my soup...
That's a good joke for the Friday's Silliness Thread!
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Except it's Wednesday, and it's Truth !!! ;-))
Lawyer, there's a fly in my soup...
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Lawyer, I spilled McDonald's soup on my fly !!! ;-))
I noticed that too. I would have given them $0.
Shhheesh. Better not tell this couple what is in all the bread we eat...
insects, dirt, rocks, mice parts... etc
Good idea then we can go to work for a goverment agency examining the health effects of second hand nose picking for the next 30 years we can be swimming in money before this is all over with.
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