Lawsuit of the Day: 'Her Claim is Denied and Poop Happens'
New Yorker Kelly DeBrocky took her family to the aquarium in Norwalk, Connecticut. Her kid stepped in poo.
Now DeBrocky has filed a seriously sh**ty lawsuit against the city, seeking reimbursement for new shoes and the price of admission and parking. Maybe she's part of the secret movement trying to get everyone in the world to hate New Yorkers.
From the Stamford Advocate:
A New York woman who took her family to visit the Maritime Aquarium has filed a $100 claim against the city, saying her child's shoes, along with the entire outing, were ruined when her 1-year-old stepped in dog feces early last month outside the Maritime Garage.Norwalk officials will deny the claim, city attorney M. Jeffry Spahr said.
"The official response is her claim is denied and poop happens," he said.
Awesome quote. City attorney M. Jeffry Spahr sounds like the man. Another great Spahr quote: "I'm also having a tough time picturing why [the child] had to be bathed after stepping in this unless he thought it was some kind of poop sandbox."
DeBrocky says it's no laughing matter and that she's "really skeeved." Well, we're really skeeved that your kid played in a poo sandbox and that you're suing someone for it.
P.S. Things could have been much worse for DeBrocky. What if the poop had been dumped on her stoop?
City: Mom's claim stinks [Stamford Advocate]
(27) Comments
He called the sh*t poop!
Number 1
How does she know it was DOG poop?
Granted, this is Norwalk. But if it were Bridgeport, all bets are off.
From the quotes in the article, Spahr sounds awesome. I tip my hat to him.
In my day, you could walk from Boston to Trenton without stepping on anything but horseshit.
Grover Cleveland you just made my day. Hilarious.
Grover Cleveland you just made my day. Hilarious.
Seems like Kelly DePoopy should have consulted an attorney prior to filing this claim. She left out a whole bunch of co-defendants:
1) the dog that made the mess;
2) the owner of said dog;
3) the sire and mother of said dog;
4) the manufacturer and retailer of the tennis shoes for failing to design them to withstand contact with poo and failing to warn that contact with poo may be detrimental to said tennis poos;
5) her own child for negligently stepping in the poo;
6) the aquarium for failing to provide reasonable accomodation for the poo-shoe challenged among us; and
7) the God who would create such a horrible world in which little kids sometimes accidentally step in poo.
Good stuff, Kash.
She should call David Rosen. Apparently, he practices in that geographic area and has no aversion to handling dog-shit cases.
This ain't frivolous. So she filed an administrative type claim for $100. It's not like she's pulling a Roy Pearson. Was it on city property? If so, I could see a set of circumstances in which you say, wtf city, you have heaping piles of dog shit laying around (and for how long)? Clean that shit up!
This is a perfect demonstration of why we need Tort Reform in this country NOW. A little kid steps in feces, and his mom seeks to win the Litigation Lottery? Only in America...
Aside from the fact that the shoes could easily be washed off and that the mom suffers from serious OCD, i found it interesting that:
1. anyone would spend $54 on a pair of shoes for a 1 year old toddler. The kid will grow out of them in less than 2 months?! Were they that much nicer than the $8 pair?
2. the woman claims she was unable to stay at the park because her kids shoes were dirty... how much walking does a 1 year old do?!
How many one year olds walk?!?!? Maybe he's almost two, but seriously, wtf?
1:04 -- while I agree that the claim is ludicrous, get a grip. She did not file a lawsuit. This is not "a perfect demonstration of why we need Tort Reform". She sent in a bill for $100. No tort was filed.
She sucks, but she isn't a poster child for tort reform.
Guys at my high school used to engage in coprophagia all the time; it was no big deal.
-Poo Stud
Note to Kash: as a non-attorney, you may want to get your teminology checked with Lat before publishing. This is not a lawsuit. She file a reimbursement form with the City Clerk. No courts, just a local administrative process. Get it?
Note to 12:13pm - Actually, it was clearly number 2. Next time, if you want to post and just say "First!", then just say it.
Note to 1:07pm (and 1:37pm) - With respect to your second question, not much. But, how much walking would you want to do holding a one-year old with poop on his shoes?
This woman should have hired me as her attorney.
It's not just a funny name!
"Maybe she's part of the secret movement trying to get everyone in the world to hate New Yorkers."
Mission accomplished.
Overlawyered did it FIRST!
Spahr was GREAT!! He should respond to this by having the Childrens Welfare office investigate her. She was obvously not paying enough attention to her child. If she had been then he wouldn't have stepped in poo.
That would give her a taste of her own medicine.
Kash - where are we on those bikini photos?
"She sucks, but she isn't a poster child for tort reform."
Agreed, but she is a post child for forced sterilization.
agreed
As a former Norwalk resident now living in Manhattan, I found this lawsuit ridiculous. She should be grateful that she didn't get robbed and raped walking around in South Norwalk. We never ventured into that part of the town.
Where the Aquarium is located is not dangerous you idiot. Glad you moved to the safety of Manhattan. You're not cut out to live in Connecticut.