# Another frivilous lawsuit, this one by high school cheerleader **URL:** \ **Category:** The BBQ Pit\ **Created:** [August 31, 2003, 1:45am UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729 "2003-08-31T01:45:51Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Steve\_Wright](https://avatars.discourse-cdn.com/v4/letter/s/848f3c/32.png) [@Steve\_Wright](https://boards.straightdope.com/u/Steve_Wright)\ **Post date:** [August 31, 2003, 4:33pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/21 "2003-08-31T16:33:33Z")
> [@](#): > > \*Originally posted by Qadgop the Mercotan \* > \*\*Yes. Yes we do. > > We celebrate our weirdness. It’s what makes us great. The very weirditude our founding fathers displayed to old King George lives on in us to this very… > > Oh, hell. Never mind. > > Some things are just too weird. :o \*\* Now I have this mental image of the British redcoats, their battle lines broken, fleeing before the fierce Revolutionary cheerleaders and their brutal Pom-Poms of Death. I may have to go and lie down for a while. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [August 31, 2003, 5:09pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/22 "2003-08-31T17:09:50Z")
It wasn’t clear whether the school was private or public, but either way it seems that this sort of lawsuit is exactly what the nations overburdened, underfunded schools _don’t_ need. And, yes, i would feel exactly the same way if it were a football player. Also, in **GuanoLad** ’s defence, we Aussies actually get quite amazed at university scholarships being awarded for _any_ sporting ability, cheerleading or otherwise. While sport is a part of college life in Australia too, it has nowhere near the PR or financial clout that it does here in the United States, and is much more of a truly amateur concern. The idea of having all the members of your college sporting teams attending on sports scholarships is completely alien to the Australian university system. Extremely promising cricketers, track and field athletes, swimmers, etc. often get scholarships to the Australian Institute of Sport in Canberra, where they can hone their athletic abilities all they like without dumbing down the intellectual level of the universities. (And before you flame me, i’m well aware that there are plenty of very smart athletes out there; i was making a flippant generalization.) ---
**Author:** ![Jaade](https://avatars.discourse-cdn.com/v4/letter/j/dfb087/32.png) [@Jaade](https://boards.straightdope.com/u/Jaade)\ **Post date:** [August 31, 2003, 6:30pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/23 "2003-08-31T18:30:10Z")
> [@](#): > > \*Originally posted by FisherQueen \* > \*\*Yes. An extracurricular activity isn’t required for a grade, and the coach can set reasonable requirements for membership. Attending summer camp is a fairly standard one for sports and music. I know at the high school I attended, if you didn’t attend band camp, you weren’t in the marching band. \*\* Exactly, you know when you sign up for cheerleading, band, drama, or football there will be requirements. I was in band, drama and debate. The coaches/teachers told us beforehand if you make the cut, you will be expected to do this, that and the other. And if you can’t, don’t waste our time or yours. Other girls all made it to the camp, it was a committment they volunteered for. If she was given permission to miss it, I understand her side. If she wasn’t, she deserves to sit out. ~J ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [September 1, 2003, 2:00am UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/24 "2003-09-01T02:00:44Z")
> [@](#): > > \*Originally posted by istara \* > \*\ ***considering suing parents for not being seven foot tall each thereby preventing offspring from future career as supermodel or basketball player** \*\* A seven foot supermodel? I think that would probably qualify as a superdupermodel. ---
**Author:** ![TeaElle](https://avatars.discourse-cdn.com/v4/letter/t/8491ac/32.png) [@TeaElle](https://boards.straightdope.com/u/TeaElle)\ **Post date:** [September 1, 2003, 2:45am UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/25 "2003-09-01T02:45:36Z")
> [@](#): > > \*Originally posted by RickJay \* > \*\*Yes, it would. The Pit thread about the 16-year-old hockey player who sued over losing an MVP Award was three pages long. \*\* Fair bit of difference between not winning an MVP award and not being able to participate for a season (or portion thereof) as a punitive measure for something that you didn’t believe that was a problem, no? ---
**Author:** ![SpoilerVirgin](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@SpoilerVirgin](https://boards.straightdope.com/u/SpoilerVirgin)\ **Post date:** [September 1, 2003, 4:43am UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/26 "2003-09-01T04:43:47Z")
I’m just wondering what happened to part of high school being learning that **life isn’t fair**? Five minutes ago I read this [interesting article](http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/08/31/CM221694.DTL) about a new parenting book which says that children are being raised to be too selfish. While I don’t agree with everything that the book’s author says, I do think that young people need to be taught to accept disappointment graciously, and that everything is not always going to go their way. Although it’s possible that this girl has a legitimate case, I can’t envision any circumstances in which I would allow a child of mine to _sue_ to be on the cheerleading squad. What will happen in the future when she has to deal with the fact that the world won’t always live up to her expectations, that people don’t always keep their word, and that you can’t always get what you want? ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [September 1, 2003, 5:14am UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/27 "2003-09-01T05:14:54Z")
> [@](#): > > \*Originally posted by Steve Wright \* > **brutal Pom-Poms of Death.** You know the drill! ---
**Author:** ![gex\_gex](https://avatars.discourse-cdn.com/v4/letter/g/94ad74/32.png) [@gex\_gex](https://boards.straightdope.com/u/gex_gex)\ **Post date:** [September 2, 2003, 3:09pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/28 "2003-09-02T15:09:57Z")
> [@](#): > > _originally posted by SpoilerVirgin_ > I’m just wondering what happened to part of high school being learning that **life isn’t fair?** Don’t we have a whle system set up to make life as fair as possible? This line of reasoning has always struck me as particularly silly. Perhaps Pharoah should have told Moses, “Well, sure, it’s not fair that i’ve enslaved your people, but life isn’t fair.” Our high schools shouldn’t be teaching kids that life isn’t fair. Our high schools should be teaching kids that life is meant to be fair, so (get up) stand up for your rights. ---
**Author:** ![gex\_gex](https://avatars.discourse-cdn.com/v4/letter/g/94ad74/32.png) [@gex\_gex](https://boards.straightdope.com/u/gex_gex)\ **Post date:** [September 2, 2003, 3:15pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/29 "2003-09-02T15:15:08Z")
> [@](#): > > _originally posted by me_ > This line of reasoning has always struck me as particularly silly. Perhaps Pharoah should have told Moses, “Well, sure, it’s not fair that i’ve enslaved your people, but life isn’t fair.” OK. I’m not good at religious history. But reading back, it seems that this is what Pharoah did do. Doesn’t make it _right_, though. That’s what I’m trying to say. ---
**Author:** ![Lord\_Ashtar](https://avatars.discourse-cdn.com/v4/letter/l/7ea924/32.png) [@Lord\_Ashtar](https://boards.straightdope.com/u/Lord_Ashtar)\ **Post date:** [September 2, 2003, 3:31pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/30 "2003-09-02T15:31:08Z")
Even if she does win and get on the squad, wouldn’t you think it would be miserable for her since all the other girls would know how she got there. ---
**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\ **Post date:** [September 2, 2003, 3:38pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/31 "2003-09-02T15:38:11Z")
Now _this_ is fucking frivolous. [http://www.nypost.com/news/regionalnews/4727.htm](http://www.nypost.com/news/regionalnews/4727.htm) ---
**Author:** ![jayjay](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jayjay/32/6765_2.png) [@jayjay](https://boards.straightdope.com/u/jayjay)\ **Post date:** [September 2, 2003, 3:56pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/32 "2003-09-02T15:56:03Z")
**gex gex** , life _isn’t_ fair. And there’s simply no feasible way to make it that way in all or even most cases. The universe is on a one-way trip to heat death and that’s the way it is. It’s nice to postulate that maybe everything should be fair and everyone should get what they want and things should be perfect and we should do all we can to make them that way. But it’s important to remember that the only reason ANYTHING is fair in this world is because of societal constructs. If those constructs break down for any reason (with the complete destruction of civilization being only one extreme), then things stop being fair _right then_. Giant mutant ground sloths don’t care if it’s fair for puny humans to be eaten in the post-nuclear-accident world. And that tenuous fairness is only available to the advanced industrial nations, for that matter. Ebola and AIDS ravaging their way across Africa don’t give a damn if it’s fair to destroy a five-year-old life. Drought hasn’t signed a fair play agreement. _Not_ teaching the young minds of the First World that life isn’t fair seems almost criminal, considering that it doesn’t take an awful lot of effort to find spots where the fair facade we put up over our society wears thin or disappears completely. Drop a typical suburban high school senior in the middle of the Navy Yard area of Washington DC at 4AM, fill his pockets with $100 bills, and tell him “life’s fair, now find your way to the Mall”. Nope, I couldn’t bring myself to do that either… ---
**Author:** ![Super\_Gnat](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@Super\_Gnat](https://boards.straightdope.com/u/Super_Gnat)\ **Post date:** [September 2, 2003, 4:28pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/33 "2003-09-02T16:28:07Z")
> [@](#): > > \*Originally posted by jayjay \* > \*\*_Not_ teaching the young minds of the First World that life isn’t fair seems almost criminal, considering that it doesn’t take an awful lot of effort to find spots where the fair facade we put up over our society wears thin or disappears completely. Drop a typical suburban high school senior in the middle of the Navy Yard area of Washington DC at 4AM, fill his pockets with $100 bills, and tell him “life’s fair, now find your way to the Mall”. Nope, I couldn’t bring myself to do that either… \*\* I could have done that when I was a senior. And at this point, there’s no way to tell whether or not this is a frivolous lawsuit. Our justice system exists to right wrongs, and if this girl has been done wrong (and if all non-legal responses have failed) then I don’t see a problem with her taking them to court. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [September 2, 2003, 4:38pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/34 "2003-09-02T16:38:51Z")
> [@](#): > > \*Originally posted by World Eater \* > \*\*Now _this_ is fucking frivolous. > > [http://www.nypost.com/news/regionalnews/4727.htm](http://www.nypost.com/news/regionalnews/4727.htm) \*\* Well, if your assertion that the suit is frivolous merely because the guy is a prisoner, i have to disagree. And, if he was indeed playing basketball in an approved basketball area, at an approved time, in the prison, and if the construction of the basketball court was bad enough to actually cause his injury, then i think he probably has a case. I mean, everyone knows that you take certain risks playing sport, but these risks should not be heightened by poorly maintained and dangerous equipment or facilities. ---
**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\ **Post date:** [September 2, 2003, 4:45pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/35 "2003-09-02T16:45:55Z")
And what knee surgery costs 5 million? Or even 1 million? If it wasn’t for that loose brick he “woulda been a contender” right? :rolleyes: ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [September 2, 2003, 4:46pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/36 "2003-09-02T16:46:25Z")
I should add that i think that even if the lawsuit is OK, the amount of money he’s asking is still over the top. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [September 2, 2003, 4:52pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/37 "2003-09-02T16:52:45Z")
And perhaps next time you could make it clearer _why_ you think the suit is frivolous, rather than leaving us to read your mind. I mean, if the poor maintenance of the court _was_ the reason for his injury, don’t you think his surgery should be paid for? And if so, it’s not the lawsuit itself that’s frivolous, it’s just that the amount of compensation being sught is too high. ---
**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\ **Post date:** [September 2, 2003, 5:07pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/38 "2003-09-02T17:07:50Z")
Sure, understood. I guess I don’t understand these types of cases at all. Years ago I worked in a bicycle shop on the upper east side of NY. We had a lot of regular customers, and one day the manager was talking to some lady with a bandage on her nose. It turned out that she went to visit a friend, and when walking into the building she walked into the glass door and broke her nose. After hearing about her suing the building for $100,000 and suing her friend, I couldn’t resist. I walked a few feet over and asked her how could she walk into a glass door, because it’s not like they are transparent to the point of being invisible or anything. She said legally they need to have some sort of a sticker on the door around eye level, and since they didn’t she was simply suing to “teach them a lesson”. I then asked what kind of an idiot was she that she didn’t see any reflections on the door, no sun shining off it or a mirror image of herself walking up to it, etc. I told her if I walked into a door, I would first look around and make sure no one saw me, because I would sure feel like a fucking idiot for walking into a glass door. I would then slink the fuck off as quickly as I could, and if anything think about trying to recoup my medical damages. It then escalated into some profanity laced tirade about “all you litigious soul whores” being responsible for the decline of western civilization. My manager wasn’t very happy in case I hadn’t mentioned that. Anyway my point was, people need to take more responsibility for themselves and be more proactive about avoiding danger. I think more then 75% of these cases are pure bullshit. ---
**Author:** ![World\_Eater](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@World\_Eater](https://boards.straightdope.com/u/World_Eater)\ **Post date:** [September 2, 2003, 5:12pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/39 "2003-09-02T17:12:13Z")
> [@](#): > > \*Originally posted by mhendo \* > \*\*And perhaps next time you could make it clearer _why_ you think the suit is frivolous, rather than leaving us to read your mind. > > I mean, if the poor maintenance of the court _was_ the reason for his injury, don’t you think his surgery should be paid for? And if so, it’s not the lawsuit itself that’s frivolous, it’s just that the amount of compensation being sught is too high. \*\* \*\* [/quote] Perhaps he could see the court is poorly maintained and not play there? I don’t know, shit happens, he made a choice, he fucked his knee up, it was an accident. I would have no problem with recouping medical bills, but you and I know that that’s not what these cases are ever about. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [September 2, 2003, 5:28pm UTC](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729/40 "2003-09-02T17:28:29Z")
> [@](#): > > \*Originally posted by World Eater \* > \*\*Sure, understood. I guess I don’t understand these types of cases at all. > > Years ago I worked in a bicycle shop on the upper east side of NY. We had a lot of regular customers, and one day the manager was talking to some lady with a bandage on her nose. It turned out that she went to visit a friend, and when walking into the building she walked into the glass door and broke her nose. After hearing about her suing the building for $100,000 and suing her friend, I couldn’t resist. I walked a few feet over and asked her how could she walk into a glass door, because it’s not like they are transparent to the point of being invisible or anything. She said legally they need to have some sort of a sticker on the door around eye level, and since they didn’t she was simply suing to “teach them a lesson”. I then asked what kind of an idiot was she that she didn’t see any reflections on the door, no sun shining off it or a mirror image of herself walking up to it, etc. I told her if I walked into a door, I would first look around and make sure no one saw me, because I would sure feel like a fucking idiot for walking into a glass door. I would then slink the fuck off as quickly as I could, and if anything think about trying to recoup my medical damages. > > It then escalated into some profanity laced tirade about “all you litigious soul whores” being responsible for the decline of western civilization. > > My manager wasn’t very happy in case I hadn’t mentioned that. > > Anyway my point was, people need to take more responsibility for themselves and be more proactive about avoiding danger. > > I think more then 75% of these cases are pure bullshit. \*\* I fully agree that people need to take more responsibility for their own actions. Too many people have the attitude, “Something bad happened to me, it must be someone else’s fault, and i must be able to get shitloads of money from them.” Thw woman in your story seems to be a case in point. (BTW, did you get fired, reprimanded?) The main reason that i took up the prisoner’s cause is that i think that the state, when it has control over someone in this way, is responsible for ensuring a safe environment. And yes, i believe this should apply even if the people concerned are convicted prisoners. The law mandates that prisoners be allowed a certain amount of exercise time, and the place where this exercise is carried out should be free of unnecessary dangers. While you are strictly correct that he chose to play, it’s not like he had the option to go to another court or public park. The very fact of his imprisonment dictates that the state is responsible for the conditions of his environment. Five million bucks is still bullshit, however. [Previous page](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729.md?page=1) [Next page](https://boards.straightdope.com/t/another-frivilous-lawsuit-this-one-by-high-school-cheerleader/198729.md?page=3)