Dr. Arturo Carvajal ate an artichoke at Houston’s. An entire artichoke. Stem, spiky leaves, and all. That turned out to have what I’m sure were decidedly uncomfortable gastrointestinal consequences and consequently he sued Houston’s for not warning him that there were portions of the artichoke that are not edible and you scrape the meaty, edible plant flesh off the leaves and then discard them.
Ken at Popehat more than adequately describes the massive forehead-slap lawyers around the country will go through upon hearing of this utter nonsense. We can be relatively confident that the suit will not result in a favorable verdict and very likely will be thrown out of court at an early stage of proceedings.
But shit like this doesn’t make the job of opposing tort reform any easier. Seriously, Marc R. Ginsberg of Mandina & Ginsberg LLP in Miami Lakes, Florida (with a satellite office in Key West), what do you have to say for yourself when you’ve just fed choice ammunition to people who want to use the political process to take away your ability to make a living? And mine? Wasn’t I just writing about having to exercise some discretion in case selection? You’ve been an attorney much longer than me — what on Earth made you think you’d be able to get anything out of this case?
Good thing I’ve given up on teaching law classes. This is yet another one I might not be able to credibly apologize for.
