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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:50 AM
Original message
Dennis Kucinich Sues House Cafeteria
Source: Courthouse News Service

WASHINGTON (CN) - Ohio Congressman Dennis Kucinich says he suffered permanent injuries from biting an olive pit hidden in the sandwich wrap he bought at a House of Representatives cafeteria. He demands $150,000.

The former presidential hopeful sued Restaurant Associates, which operates the cafeteria in the Longworth Office Building, its parent company, Compass Group USA, and food suppliers Performance Food Group Co. and Foodbuy LLC.

Kucinich seeks damages for negligence, in Superior Court.

Kucinich says the cafeteria claimed that the sandwich had pitted olives, but after he bit the pit he "sustained serious and permanent dental and oral injuries requiring multiple surgical and dental procedures, and has sustained other damages as well, including significant pain, suffering and loss of enjoyment."

Read more: http://www.courthousenews.com/2011/01/26/33625.htm
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frazzled Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:53 AM
Response to Original message
1. Oh no he d'int.
Loss of enjoyment?

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LaurenG Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:54 AM
Response to Original message
2. I guess he thought the sandwich was the pits nt
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Fuddnik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:05 AM
Response to Reply #2
6. Have you ever eaten in that cafeteria?
It is the pits.

Better to go around the corner to Bullfeathers.
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:11 PM
Response to Reply #6
32. The donuts used to be good
Though this was back in '93, which was before RA took over.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:31 PM
Response to Reply #6
40. It wasn't too bad back in the late 90's
Their seafood chowder was amazing.
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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:55 AM
Response to Original message
3. Reasonable amount.
Were I him I would've brought the case after I'd left the public eye, however. Perhaps there's a statute of limitations on this kind of suit?
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WingDinger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:02 AM
Response to Reply #3
4. He is bucking to become the lady who spilt coffee at McD's.
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Webster Green Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:15 AM
Response to Reply #4
13. Gaddammit! Not this shit again!
Edited on Wed Jan-26-11 11:19 AM by Webster Green
That poor woman had 3rd degree burns over 16% of her body.

It is complete bullshit that her lawsuit was frivolous. There is a new documentary about the incident.

The documentary is called 'Hot Coffee'. It was featured on Democracy Now! yesterday, and recently premiered at Sundance. Part of the story on Democracy Now! was about how little the public knows about the actual incident, and how it was constantly cited as an example of frivolous law suits.

I copied some of this from my replies last night to another DUer who was also duped by predator corporations and other monsters, who used this incident to push their phony "tort reform" crap.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=273368&mesg_id=273397

Check out the link below. You can still edit your idiotic post.

http://www.democracynow.org/2011/1/25/do_you_know_the_f...

Don't believe everything you think!
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Guy Whitey Corngood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:34 AM
Response to Reply #13
21. Twice in 2 days I've seen this shit. She just wanted them to cover the medical expenses McDonald's
wouldn't pay. They were the ones who wanted to go to trial. Then the right wing used this shit to push so called tort reform. Amazing how so many of us including me were duped.
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Webster Green Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:40 AM
Response to Reply #21
24. Yeah, I didn't know the whole story till yesterday.
I was listening to democracy Now! while driving my truck, and got so fucking enraged at what they did to that woman. Fucking unbelievable!

I guess I should lighten up on the DUers who post this crap, because it was a very successful propaganda effort by the scumbags.
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Guy Whitey Corngood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:42 AM
Response to Reply #24
26. This needs to be said over and over. It seems like a drop in the bucket but
Edited on Wed Jan-26-11 11:43 AM by Guy Whitey Corngood
all of us need to do our part in countering bullshit corporate propaganda.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Jan-26-11 11:50 AM
Response to Reply #26
28. Deleted message
Sub-thread removed by moderator. Click here to review the message board rules.
 
Riftaxe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:47 PM
Response to Reply #28
43. So there is no truth to the lawsuit?
Edited on Wed Jan-26-11 12:55 PM by Riftaxe
on edit: Superior Court of District of Columbia - Civil Action No. 0000075-11

When you said propaganda i assumed the Article linked in the OP, not your denial of the reality that article linked in the OP is factually accurate.
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Guy Whitey Corngood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:11 PM
Response to Reply #43
52. Who are you replying to? nt
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Mojeoux Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 05:57 AM
Response to Reply #26
97. The lady had to have multiple operations!!!!! nt
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WingDinger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:44 AM
Response to Reply #24
27. I know the story. And he will be pidgeonholed as the princess, and the pea.
Sure the lady needed many operations to her private areas. And Kucinich is in pain, and needing operations. Those are not the aspects that are paid attention to, when it is made an urban myth. They will make Kucinich the ultimate opportunist ambulance chaser type vindictive lawyer.
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:27 PM
Response to Reply #27
55. I imagine Urban Myths depend on individuals to push the idea...
I imagine Urban Myths depend on individuals to push the idea that it is indeed, an urban myth. Good job on that.




"hey will make Kucinich the ultimate opportunist ambulance chaser type vindictive lawyer..."

"They" will make anyone into anything based on nothing as long as it suits their agendas, regardless of who does what.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:03 PM
Response to Reply #27
70. To the ignorant and/or biased, maybe.
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uncle ray Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:11 PM
Response to Reply #24
33. scolding other DUers for not knowing what you just learned yesterday?
yes you should lighten up.
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Webster Green Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:33 PM
Response to Reply #33
48. Well, it seemed the posts were an attempt at humor.
Yesterday I found out just how horrible the incident was, and the disgusting corporate response. It pisses me off.

Sorry.
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BonnieJW Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:56 AM
Response to Reply #13
29. I agree Webster.
I saw the photos that were taken of her legs in the ER. It looked like she had been barbequed.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:14 PM
Response to Reply #13
35. Agree with this post, and just want to add that this doesn't make Dennis' C.O.A. legit
Edited on Wed Jan-26-11 12:14 PM by Romulox
The "McDonald's coffee lady" suffered considerably worse injury than what Kucinich is alleging, that's for sure. She had an entirely legitimate claim against McDonald's, without question. That doesn't mean that Dennis does, though. :shrug:
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:17 PM
Response to Reply #13
46. +100000000000000000000
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rfranklin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:19 AM
Response to Reply #4
16. don't think she deserved it? do a little research...
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused....


The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful.


http://www.lectlaw.com/files/cur78.htm
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:24 PM
Response to Reply #4
54. Six of one, half a dozen of the other...
And I imagine you're bucking to become the poster with the Most Absurd Thought Of the Day, yes?

(Six of one, half a dozen of the other)
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molly77 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:44 PM
Response to Reply #4
60. MSM did a number on the woman who burnt herself with McDonalds coffee
There was a movie made called hot coffee. Amy Goodman had the niece of the victim on her show this week.

The woman never regained her strength.The cup melted , the coffee was so hot. The family wanted help with medical bills but McDonalds did not want to pay. The jury awarded the huge money. Lot more to that story than I realized. The corporations seem to be able to make things up and get by with it in the US.
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greiner3 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:59 PM
Response to Reply #4
61. How about Glenn Beck's suit against a hospital
That had the audacity to give him '2nd' rate care?

Go Dennis. I hope you get 10 times that much at the trial.
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 03:15 PM
Response to Reply #4
63. The woman asked McDonalds to cover the medical costs that her insurance would not pay.
Edited on Wed Jan-26-11 03:30 PM by 1monster
About $20,000. McDonalds refused. They forced her to either eat the costs of the medical plus lost wages for being unable to work.

So she took them to court suing for the medical, legal fees, and lost wages.

The jury found her partially responsible, but McDonalds mostly responsible. They awarded her a reasonable amount of damages.

Then they took on McDonalds for carelessly disregarding the safety of their coffee drinking customers. McDonalds had been sued for injuries ensuing from the outrageously high temperatures of their coffee over 700 times before. In their arrogance, they saw the court cases as a business expense. The costs of those lawsuits were such paltry amounts they the continued keeping the coffee extremely hot, not for the flavor value as they claimed, but because it kept the coffee tasting fresh for as long as there was coffee in the pot. They were able to save huge amounts of money by not throwing out coffee that was two, three, or four hours old coffee and making a new pot.

The jury decided to send a message to McDonalds: Lower the temperature of the coffee or pay the consequenses. Even as it was, the amount the jury awarded (which was lowered drastically in appeals) was only about two days coffee profit for McDonalds.

I worked at McDonalds many mnay years ago (over 30 years ago) when I was in college. The coffee was so hot then that I used to automatically add a courtesy cup of ice with any coffee order.

Personally, I wish that McDonalds had been forced to pay the entire $2.7 million.

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Guy Whitey Corngood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 04:19 PM
Response to Reply #63
66. Thank you. That's exactly what happened. nt
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fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 08:13 PM
Response to Reply #63
78. +1
:thumbsup:
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Turborama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 02:17 AM
Response to Reply #4
93. No, he's bucking to be the "Olive Pip Guy", which will rightfully supersede the "Coffee Lady" meme
It seems.
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ButterflyBlood Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 10:18 PM
Response to Reply #4
113. People need to find another poster child for frivolous lawsuits
Since there's a ton more frivolous ones.
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Frank Booth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:12 AM
Response to Reply #3
9. $150,000 is a reasonable amount for biting into an olive pit?
I can't imagine the dental work cost anything near that. This just makes Kucinich look ridiculous.
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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:30 PM
Response to Reply #9
39. I suppose I have no idea. I know dental surgery is expensive, though.
Presumably you aim high and get talked down in court?

Again, though, K's an idiot for bringing this right now.
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:28 PM
Response to Reply #9
56. I imagine that heavily depends on who's doing the looking.
Edited on Wed Jan-26-11 02:28 PM by LanternWaste
"This just makes Kucinich look ridiculous...."

I imagine that heavily depends on who's doing the looking. :shrug:
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:14 PM
Response to Reply #9
71. What you can or cannot imagine is not a legal standard. Besides, people are entitled to
compensation for pain.

He'll either be able to prove his damage or not.
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Frank Booth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:28 PM
Response to Reply #71
87. Yeah, but actual damages are governed by legal standards.
I'd be very surprised if those exceeded $20,000. A plaintiff can always claim pain and suffering, but more often than not it's used as a chip to try to grease settlement. Honestly, this lawsuit makes Kucinich look like someone who's trying to profit through the legal system. The lawsuit's probably not frivolous, but (to me anyway) it seems like it's in bad taste.
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Rebubula Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:05 AM
Response to Original message
5. OK...
..I know this suit was brought by his lawyer (and they can be aggressive by nature) but Come on, Dennis!

You have the best healthcare that anyone can have and have benefits (food, living, travel etc) that no normal person will ever enjoy. Yeah - so you but into a pit - $150,000 REALLY???????????????????????????????????????????

I still like him, but this is disappointing.
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:06 AM
Response to Original message
7. Seriously? This isn't The Onion?
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Jan-26-11 11:10 AM
Response to Reply #7
8. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:33 AM
Response to Reply #7
20. My thoughts as well.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:58 AM
Response to Reply #7
30. That was my thought at first, but it appears to be a legitimate website
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:13 AM
Response to Original message
10. I've lost a great deal of respect for this man over the past few years.
:puke:
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Catherina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:13 AM
Response to Original message
11. Nice of you to leave out the important information
"sustained serious and permanent dental and oral injuries requiring multiple surgical and dental procedures,"
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:14 AM
Response to Reply #11
12. That's legal boilerplate. nt
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:25 AM
Response to Reply #11
18. Goodness he has a forceful bite
Needs to sink his teeth into the lack of progressive leadership up there...

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WheelWalker Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 03:49 PM
Response to Reply #18
104. +1 x ten to the 99th
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:00 PM
Response to Reply #11
31. Who left that information out?
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Catherina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:22 PM
Response to Reply #31
37. My apologies. I thought it wasn't there the first time I read it. Sorry n/t
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cottonseed Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 03:16 PM
Response to Reply #11
64. If he put as much energy into writing 1 actual law as he did biting a sandwich.
He'd be a pretty good congressman.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 02:11 AM
Response to Reply #11
92. Catherina, having experienced friends & family's encounters with stuff in food,..
I just can't buy the $150,000 claim. That must've been a depleted uranium super duper pit to cause such extreme pain and suffering.

And my GF some years ago split a tooth on a fairly big hunk of oyster shell. $995. Her 60 + father split a soft old tooth on an uncooked grain of rice or 2. That was about $1,300. Sure dental accidents cause a bit of inconvenience, but I've never heard of any amounting to such a ridiculous sum.

In the past 4 years my partner and i have had lots of dental work done out of our own unrecompensed pockets. Between us both we haven't spent more than $12,000 including replacing old briges. And having minor sugeries and root canals.

That Dennis must have some crushing bionic bite!
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Catherina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 10:07 AM
Response to Reply #92
99. I concur, at first glance it seems a little high but if the damage is extensive
Edited on Thu Jan-27-11 10:16 AM by Catherina
required multiple surgeries and there are legal commissions, I can understand. Plus the suit is against three different companies he alleges were all negligeant. The suit said that the his dental and oral injuries injuries are permanent. There may be more to the story than's being reported because part of the lawsuit is that their food is "unwholesome and unfit for human consumption" and "contained dangerous substances."

The sandwich incident happened three years before Kucinich filed the lawsuit. That combined with the fact that he's suing four different companies, all involved in supplying cafeteria food, leads me to believe there's more to this lawsuit than just a leftover olive pit.

Do you remember how people laughed and sneered at Stella Liebeck? http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x282734

:hi:
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Myrina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:16 AM
Response to Original message
14. Oh Dennis ... really?
Sigh. Stop it, you're turning into Nader. :(
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:17 PM
Response to Reply #14
72. And we hate safer autos.
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alphafemale Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:17 AM
Response to Original message
15. Sorry. A olive pit is a possible reality in anything with olives.
Same as the occasional pit in a cherry pie.

It would be unreasonable to expect staff to inspect every olive in the cans or jars when they are prepping food for the day.

There's no negligence here.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:20 PM
Response to Reply #15
73. How do you know they used canned olives? How do you know they used pitted olives, canned or not?
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alphafemale Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 08:07 PM
Response to Reply #73
77. What would they use other than canned or jarred olives.?
Have you ever seen olives for sale in any other way?

And you think a restaurant would serve pitted olives in a pita?

Not within the realms of consideration.

It was an unfortunate incident. The restaurant was not negligent.



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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:25 AM
Response to Original message
17. Having bitten down on an olive pit myself
and suffered dental damage and continuing jaw problems, this is not unreasonable. Note: I made past the first olive pit, because I never take pitted olives in a salad for granted, but it was the second one that got me.
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Festivito Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:30 PM
Response to Reply #17
47. Certainly it's the ongoing problem that triggers this as a larger concern.
Edited on Wed Jan-26-11 01:31 PM by Festivito
I hope you are able to well deal with your own situation. Thank you for adding your story.
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Skittles Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:32 PM
Response to Reply #17
88. just how hard do you bite?
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 09:57 AM
Response to Reply #88
98. A human jaw clamps down pretty damn hard
I couldn't find specifics, but here's a general article that gives you an idea. It's the efficiency of the musculature that controls the bite.
http://news.discovery.com/human/human-bite.html
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montanto Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:30 AM
Response to Original message
19. Wow, when I think of all the
$150,000s I could have had from biting into stuff that shouldn't have been in my food . . .

Isn't that a risk that you agree to take when you eat something that you didn't prepare yourself, Dennis? Christ what a bunch of children we are. Recently I bit into an olive pit from a container of pitted olives that I purchased. Another $150,000 down the drain because I fear that not every contingency can possibly be covered in delivering 100% safe food products, and my internal sense of morality and ethics forbids me from blaming others when I have clearly taken a shortcut out of necessity. Meanwhile back at the ranch I can't even afford to go to the dentist for normal procedures.
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hayu_lol Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:38 AM
Response to Reply #19
23. Tell the kitchen staff that Dennis is not to ever get...
the peach cobbler.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 02:01 AM
Response to Reply #23
91. Or brownies (nut shells) or oysters, or any 'grownup' foods.
Jello, puddings, macaroni and cheeese, creamed soup. No chicken or pulled pork with bones (he might choke) or sausages (sausages sometimes have bone nubs in them). *lol*

We've got to make prepared foods safe for our vulnerable Congressmen.

BTW, I bet our Congresscritters have a good dental plan. Unlike the serfs.
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Turborama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 04:50 AM
Response to Reply #91
96. I laughed out loud at "'grownup' foods"
:rofl:
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Psephos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:05 PM
Response to Reply #19
51. Two thumbs, way up. n/t
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XemaSab Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 06:55 PM
Response to Reply #19
69. That's why most products made with olives have a WARNING
"May contain occasional pit." :P
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:27 PM
Response to Reply #69
74. I've never seen that warning, let alone on a salad.
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Codeine Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 03:23 AM
Response to Reply #74
94. From the jar in my fridge.


I've never seen an olive product without such a warning.
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BrightKnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 02:26 AM
Response to Reply #94
114. All cafeterias should require a food damage waiver form.
Edited on Sat Jan-29-11 02:28 AM by BrightKnight
If you don't sign the release form you can't order food. They could hire the Soup Nazi guy to enforce it: "...No soup for you. Come back one year."
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robcon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:35 AM
Response to Original message
22. I like Kucinich even less now.
I always thought his "Department of Peace" recommendation was the single stupidest proposal I've ever heard, so I didn't like him.
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udbcrzy2 Donating Member (572 posts) Send PM | Profile | Ignore Wed Jan-26-11 11:41 AM
Response to Original message
25. My cousin is an attorney
He sue everyone he does business with.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:38 PM
Response to Reply #25
76. For no reason? Are you implying all lawyers do that? If not, what's your point?
Edited on Wed Jan-26-11 07:39 PM by No Elephants
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udbcrzy2 Donating Member (572 posts) Send PM | Profile | Ignore Wed Jan-26-11 09:09 PM
Response to Reply #76
79. Oh, I hurt your feelings....
I never said that 'all lawyers do that'. This particular one that I do know does. Some people who are not attorneys do too:) What Judge would let this be heard in court?
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:12 PM
Response to Original message
34. This will help us keep the GOP from passing tort reform. Not.
:facepalm:
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wisteria Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:22 PM
Response to Original message
36. Oh come on, is this for real? If it is, he goes too far.
If he is actually doing this, I am shocked. Let them pick up his dental bills, but the pain and suffering is BS. Hey shit happens. Was the cafateria suppose to inspect every olive to ensure it was pitted?
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Roy Rolling Donating Member (762 posts) Send PM | Profile | Ignore Wed Jan-26-11 12:30 PM
Response to Original message
38. bad choice
He should have stuck to a "freedom fries" diet
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Bumblebee Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:44 PM
Response to Original message
41. Maybe now it will hurt fewer people's feelings when he is redistricted out
Edited on Wed Jan-26-11 12:45 PM by Bumblebee
Or maybe it's connected...
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Cal Carpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 12:46 PM
Response to Original message
42. Unless his health insurance
is refusing to cover the bills this is ridiculous. Olives have pits. Whenever you buy olives there is a caveat - may contain pits or pit fragments. The cafeteria is not negligent, imo, but I suppose that's for the court to decide.

My 2 cents, regardless of the context or the person involved.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:55 PM
Response to Reply #42
50. I was thinking his insurance co probably is refusing to cover his costs
unless he does sue.
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MellowDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:01 PM
Response to Original message
44. Wow...
hard to take Dennis seriously, which was already hard to do.

People want this guy to be President?
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Bette Noir Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:12 PM
Response to Original message
45. The usual standard is that one can't expect damages when the offending object
originated in the food. If it were a screw, or a piece of machinery, he could expect a settlement. As olive pits come from olives, and he knew there were olives in the food, he doesn't have much of a case.

Besides, don't Federal employees have dental insurance?
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AlinPA Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 01:41 PM
Response to Original message
49. Curious- do republicans and Democrats eat in the same room or is there a divider between them? nt
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Plucketeer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:28 PM
Response to Reply #49
57. Who could eat...
with a Republican in the room??? :puke:





Hey kid! How's that
Boehner jobs plan
workin' for ya???
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:21 PM
Response to Original message
53. Assassination attempt?
:shrug:
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redixdoragon Donating Member (73 posts) Send PM | Profile | Ignore Wed Jan-26-11 02:29 PM
Response to Original message
58. I fear for the worker,
The one making maybe 8 maybe 10 an hour there if they're lucky, who put the sandwich together. Once Kucinich threw the fit, it's likely they were tugged aside told a few things about lack of professionalism and care in the workplace and then fired. Now another is out of a job and has to find one in the DC area.
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redixdoragon Donating Member (73 posts) Send PM | Profile | Ignore Wed Jan-26-11 02:31 PM
Response to Reply #58
59. Also
They may talk like they're on our side but then you get news like this, and you feel everyone up there belongs to the same elite club. All we get is the occasional bone.
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bongbong Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 03:10 PM
Response to Original message
62. 2 points
Edited on Wed Jan-26-11 03:12 PM by bongbong
1) On the "excesive" $150,000 claim - tort attorneys always ALWAYS ask for more than they expect to win or even think is appropriate. Then they hope to settle out of court for the amount they actually wanted. Both sides always know this. It's part of the "lawyer dance".

2) Some - SOME - lawsuits are won yet frivolous. One of the stories surrounding the handle-activated-blade-clutch on all lawn mowers is that it appeared after somebody used his pre-blade-clutch lawnmower as a hedge trimmer (holding it sideways by the housing). He lost his fingers, DUH, sued and won. Now everybody gets to pay for his mistake via more complicated lawn mowers.

I'm not saying Dennis' lawsuit is frivolous. Especially after reviewing the facts of the infamous McDonalds coffee case.
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cottonseed Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 03:18 PM
Response to Original message
65. Is this doing the people's work?
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deacon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 04:23 PM
Response to Original message
67. Dumb. n/t
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BeyondGeography Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 05:58 PM
Response to Original message
68. Whaa?
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 07:37 PM
Response to Original message
75. Not sure this is winnable, unless cafeteria used unpitted olives.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 01:54 AM
Response to Reply #75
90. Pitting machines may miss a couple pits from 2 or 3 thousand olives, or cherries.
And many is the time I've made brownies or pecan pie and caught a chunk of shell in the cup of bagged nuts I was using. Commercial kitchens try diligently to sort by hand (usually gloved) through foods which may have bits of shell (like clams or oysters, nuts, olives, et cetera, but commercial restaurant kitchens are dealing in great volumes of ingredients.

Who hasn't bitten into an olive or cherry pit? Or people who eat oysters have to be careful of bits of shell. It's to be expected in natural foods. But to want $150,000 is greedy. Why not just ask for the cost of the dental repair? There is no way Kucinich's dental repair cost anywhere near that. A dear friend in New Orleans once bit too enthusiastically into a fried oyster po-boy sandwich. There was a hard bit of shell in it and one of her teeth split. It cost $995 to file it down and cap it. For a while my GF was shy of Po-boys, but in about a year she resumed eating 'em and NEVER again had a problem because she was careful not to eat too fast or bite too hard.


A muffaletta is an extremely popular sandwich in New Orleans. It is made with Italian cold cuts, cheese and dressed with a dense chopped olive relish. I think people used to eating olives in any foodstuffs make a hapit of not chomping down too hard. BTW, I've a close friend who cracked a tooth while eating a fried oyster po-boy sandwich. There's a 'natural substances' law in Louisiana to protect restaurant owners from being sued when people come across oyster shells, olive pits and other parts which might show up in foods. Even with due diligence, it's not possible to make sure every food item every time won't have pits, seeds, whatever.

I guess because of Kucinich that food supplier will no longer serve olives in any sandwiches or salads.That's a pity. We who love mediterrannnean foods can handle olives!

A muffaletta:



And here's another factor: some people's natural teeth become softer with age. I knew a man in his early 60s whose back tooth fissured when he bit an uncooked grain or two of rice while we were dining at a Greek restaurant. One expects rice to be soft, but apparentlt some grains did not get integrated into the pot. And since the fellow was on vacation, the split tooth was even more of an inconvenience. There had been six of us at the table. He didn't tell us what happened until after we'd left the restaurant. It was a crummy experience, but he never thought to sue the restaurant.

We live in a litigious society. Once I slipped and sprained my ankle on an uneven tree root broken sidewalk in front of the New Orleans Museum of Art. I had to go to the doctor because it was a bad sprain. But I never thought to sue the museum. Life is full of the unexpected, isn't it?


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harvey007 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 09:34 PM
Response to Original message
80. Kucinich has a legitimate cause of action
"serious and permanent dental and oral injuries requiring multiple surgical and dental procedures"

"significant pain, suffering."



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Psephos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 09:37 PM
Response to Original message
81. What happened to Kucinich?
Seriously.

I used to admire him.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:00 PM
Response to Reply #81
82. So what's your beef with this? Why is he not admirable anymore? Just curious.
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Psephos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:23 PM
Response to Reply #82
83. The facts are pretty simple here.
You either think that a progressive Congressman suing a cafeteria for $150K over an olive pit is admirable, or you don't.
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ironrooster Donating Member (273 posts) Send PM | Profile | Ignore Wed Jan-26-11 11:01 PM
Response to Reply #83
84. Neither you nor I know the facts or the extent of damage
Edited on Wed Jan-26-11 11:02 PM by ironrooster
to his mouth and teeth. What if he had to have an implant? What if a session of oral surgery was botched? What if he
has diabetes and consequently his tissue doesn't heal as it should?

You are merely assuming the amount is unreasonable without knowing the full story.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Jan-26-11 11:14 PM
Response to Reply #84
86. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 11:06 PM
Response to Original message
85. i'd say this is a reasonable request.
he's suing for a reasonable amount.

business needs to be accountable for their actions.
they need to sell what they say they are selling.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 01:40 AM
Response to Original message
89. Bad idea to serve grownup foods like olives to children or elderly! *LOL!*
Who hasn't bitten into an olive or cherry pit? Or people who eat oysters have to be careful of bits of shell. It's to be expected in natural foods. Maybe if Kucinich hadn't bitten down unusually hard he wouldn't have busted a cap. But to want $150,000 is greedy. Why not just ask for the cost of the dental repair? And waiting nearly 2 years after the fact? *hmm...*



A muffaletta is an extremely popular sandwich in New Orleans. It is made with Italian cold cuts, cheese and dressed with a dense chopped olive relish. I think people used to eating olives in any foodstuffs make a hapit of not chomping down too hard. BTW, I've a close friend who cracked a tooth while eating a fried oyster po-boy sandwich. There's a law in Louisiana to protect restaurant owners from being sued when people come across oyster shells, olive pits and other parts which might show up in foods. Try as one might, being careful as possible, it's not possible to make sure every food item every time won't have pits, seeds, whatever.

I guess because of Kucinich the cafeteria food supplier will no longer serve olives in any sandwiches or salads.
A muffaletta:



And here's another factor: many people's natural teeth become softer with age. I knew a man in his early 60s whose back tooth fissured when he bit an uncooked grain or two of rice while we were dining at a Greek restaurant. One expects rice to be soft, but apparently some grains did not get integrated into the pot. Since the fellow was on vacation, the split tooth was even more of an inconvenience. There had been six of us at the table. He didn't tell us what happened until after we'd left the restaurant. It was a crummy experience, but he never thought to sue the restaurant.

We live in a litigious society. Once I slipped and sprained my ankle on an uneven broken sidewalk in front of the New Orleans Museum of Art. I had to go to the doctor because it was a bad sprain. But I never thought to sue the museum. Life is full of the unexpected, isn't it?
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Le Taz Hot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 04:47 AM
Response to Original message
95. So, we know he won't be running
in the primaries again.
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 03:41 PM
Response to Reply #95
102. He might lose his district
to redistricting. This might be pre-emptive to another presidential run. Start-up cashhhhhh.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 11:05 PM
Response to Reply #95
105. That's the truth. But what's his pension? $65K annually + benefits?
Edited on Thu Jan-27-11 11:07 PM by Mimosa
Or more?

He's going to get at least $60K a year + health benefits for THE REST OF HIS LIFE!

http://usgovinfo.about.com/od/uscongress/a/congresspay.htm
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 01:07 PM
Response to Reply #105
107. Nice gig
if ya can get it....
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dipsydoodle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 10:26 AM
Response to Original message
100. Maybe he thought he wasn't going to get to eat

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crazyjoe Donating Member (921 posts) Send PM | Profile | Ignore Thu Jan-27-11 03:29 PM
Response to Original message
101. What an idiot, isn't his free insurance enough?
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 03:42 PM
Response to Reply #101
103. You discount
the value of 150K
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crazyjoe Donating Member (921 posts) Send PM | Profile | Ignore Fri Jan-28-11 12:40 PM
Response to Reply #103
106. what does kucinich need with 150K ? People are laughing and it
hurts his credibility moving forward.
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Broderick Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 01:08 PM
Response to Reply #106
108. Its a real head scratcher on the surface of things no doubt
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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 02:37 AM
Response to Reply #101
115. It makes both him and his party look stupid.
Stupid move.
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Xenotime Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 03:48 PM
Response to Original message
109. Since the pugs have the House....let them pay for it.
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BrightKnight Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 07:23 PM
Response to Original message
110. I found a bone in my fish and I want a new house.
This is idiotic and political suicide. Did the aliens tell him to do this? Has he been taking a lot of pain medicine?
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Violet_Crumble Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 07:32 PM
Response to Reply #110
111. That's nothing at all like what the OP is about...
Why should anyone buy you a new house? That's ridiculous. On the other hand, Dennis Kucinich sustained an injury from biting into a wrap that contained an olive pit. Why should he have to foot the bill for his medical or dental expenses? Because some people don't like him? That's not a reason why he can't make the same claim anyone else should. Or do you think that someone like my niece who's got a severe peanut allergy shouldn't sue a restaurant if they said a dish was free of traces of nuts and instead it had them and she had a severe reaction that ended up with her being hospitalised?

There's frivolous lawsuits, which seem to be a common thing in the US, and then there's sensible ones, like the one in the OP. I'm not sure why anyone would think otherwise...
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-28-11 07:34 PM
Response to Original message
112. Dennis wins!! Yeah!!
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SOS Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 11:25 AM
Response to Original message
116. Cost of crown: $1,500
$150,000 - $1,500 = $148,500

Dennis is an inspiration.
Using his strategy I can get my busted molar fixed and spend next Christmas in St. Barts.
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Cowboy X Donating Member (14 posts) Send PM | Profile | Ignore Sat Jan-29-11 02:43 PM
Response to Original message
117. If GOP tort reform is passed
I know who to blame.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-29-11 03:33 PM
Response to Original message
118. Why didn't he just go to the Regional American stall in the House food court?
Always a highlight of a Hill visit for me, whether it's Cajun pork or good old Midwestern grilled trout.

Anyway, props to Dennis for being one of the few members tp actually -- gasp! -- eat down there with the staffers and tourists! I believe I've seen exactly one member the three times I've been there.
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