Are Americans too litigious?

[Mr. Conservatism]

Posted on Thu, Oct. 1, 2009


Somebody needs to draw the line on some of these suits.........
If she wins lawsuit, will she be flush?

By GLORIA CAMPISI
Philadelphia Daily News
campisg@phillynews.com 215-854-5935


Ever heard the one about the exploding toilet?
Well, an Olney woman could tell you all about it, from firsthand experience.
Except that Nikita Fulton couldn't be reached yesterday to detail her personal-injury lawsuit against the owners and operators of 1900 Market Street, or even to tell us to butt out.
Her attorney, Joseph J. Aversa, wouldn't discuss the suit without Fulton's OK, but we couldn't simply flush this one down the hopper.
It happened on Oct. 30, 2007, according to the lawsuit, when a toilet the woman was using "exploded" in an eighth-floor ladies' room at the 1900 Market Street building.
"Excess water pressure caused a toilet to explode causing plaintiff to be thrown from the bathroom stall, thereby causing her severe and permanent injuries," the suit said.
The civil suit sought recompense of $50,000 or less, plus costs, and requested settlement through arbitration, rather than a jury trial. The filing met a two-year statute of limitations for such suits.
Fulton, 29, wasn't joking about the exploding toilet, remarking in the suit that the incident caused a "severe shock to her entire nervous system."
She said that she also suffered "severe and permanent" physical injuries, involving thoracic and lumbar spine sprains and strains and sciatica problems on her right side, and other ills.
Fulton said that she not only suffered "severe aches, pains, mental anxiety and anguish" but had been compelled to spend "large sums of money for medicine and medical attention and may be required to expend additional sums . . . in the future."
Her "usual and daily activities and duties" also have been curtailed, the suit said.
The defendants were: 1900 Market GP, LLC; OSEB Associates, LP; and Brandywine Construction & Management, Inc., all of Philadelphia, and Becker Ventures, LLC, of Sterling Heights, Ohio.
No officials of the companies could be reached.
According to the lawsuit, Becker, OSEB and the 1900 Market company owned the premises and Brandywine managed it.
The suit branded the defendants careless and negligent.

[thndrchiken]

Only seeking $50,000 plus legal fees. I don't know the specifics of the case seeing as how this is the first I'm hearing of it but honestly if her injuries are as described the medical costs alone could be that high. What I don't find believable is that the toilet just exploded with no warning. Water pressure alone I highly doubt can cause a porcelain toilet to explode without some warning signs, I.E. water level in the bowl rising, a distinct cracking noise as the porcelain is losing stability, etc.