American Justice Partnership

Opinions/Editorials on the Case for Legal Reform

 
 

 

Lawsuit Lottery Gives Society the Finger

 

by Jeff Longstreth

Executive Director

Ohio Citizens Against Lawsuit Abuse

 

June 27, 2005

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.

Contributor:    

Jeff Longstreth
Executive Director
Ohio Citizens Against Lawsuit Abuse
50 West Broad Street
Suite 1920
Columbus, Ohio 43215
 614.224.1435
email

 

 

 

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