Just as I was about to nominate Anna
Ayala, the California woman who allegedly put a family friend’s severed finger
in a cup of Wendy’s chili, as the world’s greediest person, along comes Clarence
Stowers to steal her title. On May first, 23 year old Brandon Fizer
accidentally stuck his hand into a mixing machine while working at Kohl’s Frozen
Custard in Wilmington, North Carolina and had his right index finger lopped off
at the first knuckle. The finger apparently fell into a bucket of frozen
custard which was accidentally served to the aforementioned Stowers.
While any rational person will agree
that the thought of biting into someone’s severed finger is disgusting, Mr.
Stowers takes disgusting to a new level. Instead of returning the young man’s
severed finger so that it could be surgically reattached, Mr. Stowers called the
local TV station, hired an unscrupulous attorney, and kept the finger in his
freezer to preserve the evidence for his forthcoming lawsuit. Mr. Fizer and his
doctor pleaded with Stowers to return the finger. After ten days, Stowers
finally offered to return the finger if it could be reattached, but it was too
late. Mr. Fizer will live out the remainder of his life without full use of his
right index finger.
Cases like these remind us of what a
lawsuit happy culture we have become. Too often Americans think to sue first
and ask questions later. People tend to look at tragic accidents with dollar
signs in their eyes instead of compassion in their hearts. Get rich quick
schemes have been around since the beginning of human existence, but using our
court system to play the lawsuit lottery should not be acceptable to society.
What makes “Finger Gate 2005”so
unsettling is that no one is outraged. Our system is out of control and we are
all paying the price.
In 2004, a civil lawsuit was filed in
Ohio once every 17 minutes. The financial load of lawsuits in general is
staggering and impacts every sector of the economy. A 2002, study found lawsuit
costs represent 2.33 percent of the U.S. gross domestic product. More recent
studies have concluded that Ohioans pay more than $840 per year in hidden tort
taxes. We all pay more for healthcare through higher doctor’s bills,
prescription drug costs, and insurance premiums. We also pay more for consumer
items such as stepladders, because the manufacturers are scared to death of
being sued. Not to mention poor Brandon Fizer who is paying for lawsuit abuse
with a portion of his right index finger.
Ohio is a state that places high
importance on good values and hard work. Allowing certain individuals to play
the lawsuit lottery undermines all that Ohioans have worked for and threatens
our jobs, our access to quality medical care, and the economy at large. It is
time for Ohioans at all levels to get serious about this crisis before it is too
late. The State Legislature can only do so much; average Ohio citizens need to
get involved in this fight. The lawsuit lottery is one game that we will all
lose.
Jeff Longstreth
is the Executive Director of Ohio Citizens Against Lawsuit Abuse (OCALA).
OCALA is a non-profit, non-partisan, grassroots public education
organization that represents over 6000 Ohio citizens. As Ohio’s watchdog for
justice, OCALA’s mission is to inform the public about the cost of lawsuit
abuse and to help ensure the legal system is used for justice, not greed.
Their website is www.ohiocala.org.