Wendy loses toilet paper appeal

Has this ever happened to you?  You have to use a restaurant restroom and alas there is no toilet paper when you really need it.  Somehow you figure out how to deal with the discomfort.  As did Mr. Henry Chai who used his handkerchief for the deed but unlike you or me, Mr. Chai sued Wendy’s for, “unreasonable risk to his health”, negligent infliction of emotional distress and punitive damages for violating Ohio’s Food Service Rules.

When totalling his monetary demands it was; $5,000 for the health risk, $2,500 for the emotional distress claim, $5,000 for punitive damages AND $2.00 for loss of the handkerchief.  Mr. Chai lost his original claim BUT the appeals court said that, “it may be that the plaintiff’s lawsuit is frivolous, and that his chances of being successful ultimatley are practically nil; however, the complaint should not have been dismissed with prejudice…”

I respectfully disagree.  I  don’t want the courts to spend its precious time and resources on determining the merits of the petty discomforts of everyday life.

Tags: frivilous lawsuit, Wendy's