# Bork falls down stairs, sues Yale Club for $1M

**URL:** <https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251>\
**Category:** The BBQ Pit\
**Created:** [June 8, 2007, 1:13pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251 "2007-06-08T13:13:49Z")\
**Posts on this page:** 20\
**Page:** 1

<div class="post-metadata">

**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [June 8, 2007, 1:13pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/1 "2007-06-08T13:13:49Z")

</div>

[WSJ story here](http://blogs.wsj.com/washwire/2007/06/07/2665/):

> [@](#):
>
> Bork is suing New York’s Yale Club for $1 million, alleging he was injured when he fell at an event there last June. “When it was his turn to deliver remarks to the audience, Mr. Bork approached the dais,” the lawsuit said. “Because of the unreasonable height of the dais, without stairs or a handrail, Mr. Bork fell backwards as he attempted to mount the dais, striking his left leg on the side of the dais and striking his head on a heat register.”

I’m amused and delighted to note that Judge Bork [is a supporter of “tort reform”](http://findarticles.com/p/articles/mi_m1282/is_n18_v47/ai_17498645). Except in his own case, apparently. 😃

---

<div class="post-metadata">

**Author:** ![Hugh\_Jass](https://avatars.discourse-cdn.com/v4/letter/h/4da419/32.png) [@Hugh\_Jass](https://boards.straightdope.com/u/Hugh_Jass)\
**Post date:** [June 8, 2007, 1:37pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/2 "2007-06-08T13:37:42Z")

</div>

Oh, I thought this was Bjork.

Carry on.

---

<div class="post-metadata">

**Author:** ![Mr.Moto](https://avatars.discourse-cdn.com/v4/letter/m/9de0a6/32.png) [@Mr.Moto](https://boards.straightdope.com/u/Mr.Moto)\
**Post date:** [June 8, 2007, 2:15pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/3 "2007-06-08T14:15:01Z")

</div>

A large hematoma in a senior citizen isn’t a laughing matter at all.

I also favor tort reform, but I have pretty consistently defended people on these boards with legitimate cases. This might be one.

And, in this pre-tort reform era, a starting position of $1 million isn’t unreasonable. Judge Bork has to use the law as it stands, both as a judge and as a plaintiff.

---

<div class="post-metadata">

**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\
**Post date:** [June 8, 2007, 2:23pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/4 "2007-06-08T14:23:27Z")

</div>

[QUOTE=Hugh Jass]  
Oh, I thought this was Bjork.

Carry on.  
[/QUOTE]

Me too. I figured she was wearing that goddamned [swan outfit](http://news.softpedia.com/images/news2/Bjork-s-Swan-Dress-Will-Be-Auctioned-For-Charity-2.jpg) :dubious:

Cartooniverse

---

<div class="post-metadata">

**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\
**Post date:** [June 8, 2007, 2:30pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/5 "2007-06-08T14:30:33Z")

</div>

Apparently, the injury was serious. He is suing because a handrail and steps were not provided. My question is, could he not see that when he approached the dais? Who forced him to attempt to climb the stairs? He was there of his own choice.

[http://blogs.wsj.com/law/2007/06/07/robert-bork-files-slip-and-fall-lawsuit-against-yale-club/](http://blogs.wsj.com/law/2007/06/07/robert-bork-files-slip-and-fall-lawsuit-against-yale-club/)

---

<div class="post-metadata">

**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [June 8, 2007, 2:39pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/6 "2007-06-08T14:39:04Z")

</div>

[QUOTE=Contrapuntal]  
My question is, could he not see that when he approached the dais? Who forced him to attempt to climb the stairs? He was there of his own choice.  
[/QUOTE]  
Exactly how I feel about it. The suit cites “the unreasonable height of the dais”. If it was unreasonably high, then a resonable man ought to have known that. This was nothing but a speech, and so nothing but his own ego and vanity kept him from saying, “I’m not going up there because the dais is too high.” I’m sorry he got hurt, but it’s his own fault.

---

<div class="post-metadata">

**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [June 8, 2007, 3:18pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/7 "2007-06-08T15:18:34Z")

</div>

[QUOTE=Mr. Moto]  
A large hematoma in a senior citizen isn’t a laughing matter at all.

I also favor tort reform, but I have pretty consistently defended people on these boards with legitimate cases. This might be one.

And, in this pre-tort reform era, a starting position of $1 million isn’t unreasonable. Judge Bork has to use the law as it stands, both as a judge and as a plaintiff.  
[/QUOTE]  
You have often been pretty intense in your demands to know whether posters were acting, in their personal lives, in a manner that would be consonant with their stated beliefs here, by your personal standards of ‘consonant.’

Funny that you should take a different stance with respect to a well-off public figure who, in addition to being covered by Medicare, can surely afford high-quality private insurance.

And like **Contrapuntal** says, he could see the height and steepness of the stairs, and the absence of a handrail, as he approached the dais. Yet he went up those stairs anyway, despite the obvious and self-evident risks.

Geez, doesn’t anyone take personal responsibility for their actions anymore? 😃

---

<div class="post-metadata">

**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\
**Post date:** [June 9, 2007, 4:43am UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/8 "2007-06-09T04:43:47Z")

</div>

[QUOTE=Hugh Jass]  
Oh, I thought this was Bjork.

Carry on.  
[/QUOTE]

Nope, Bjork wouldn´t have sued, she would have riped the flesh out of the responsible person´s face in a flurry of fingernails and shrieks…

I dig that chick.

---

<div class="post-metadata">

**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [June 9, 2007, 5:06am UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/9 "2007-06-09T05:06:36Z")

</div>

Anybody know who he hired for\* his \* lawyer?

---

<div class="post-metadata">

**Author:** ![Autolycus](https://avatars.discourse-cdn.com/v4/letter/a/22d042/32.png) [@Autolycus](https://boards.straightdope.com/u/Autolycus)\
**Post date:** [June 9, 2007, 5:10am UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/10 "2007-06-09T05:10:40Z")

</div>

Bork bork bork!

Seriously though, he really borked himself with this lawsuit.

---

<div class="post-metadata">

**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [June 9, 2007, 5:36am UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/11 "2007-06-09T05:36:18Z")

</div>

Maybe he’s behind on Federalist Club dues, gotta raise a bit of scratch. I mean, who would hire him? If he had defended OJ, they’d _both_ be on Death Row.

---

<div class="post-metadata">

**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [June 9, 2007, 8:18am UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/12 "2007-06-09T08:18:29Z")

</div>

Did he make noises like the Swedish Chef? 😃

---

<div class="post-metadata">

**Author:** ![brazil84](https://avatars.discourse-cdn.com/v4/letter/b/8491ac/32.png) [@brazil84](https://boards.straightdope.com/u/brazil84)\
**Post date:** [June 9, 2007, 1:18pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/13 "2007-06-09T13:18:07Z")

</div>

I once saw a list of politicians and other public figures who favored major tort reform but had also filed big personal injury and medical malpractice lawsuits.

---

<div class="post-metadata">

**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\
**Post date:** [June 9, 2007, 1:44pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/14 "2007-06-09T13:44:41Z")

</div>

[QUOTE=Mr. Moto]  
A large hematoma in a senior citizen isn’t a laughing matter at all.

I also favor tort reform, but I have pretty consistently defended people on these boards with legitimate cases. This might be one.

And, in this pre-tort reform era, a starting position of $1 million isn’t unreasonable. Judge Bork has to use the law as it stands, both as a judge and as a plaintiff.  
[/QUOTE]  
One of Bork’s arguments in his tort reform was that punitive damages were out of sight. I don’t see any problem with his recovering something for his expense, if any, lost time, pain and stuff like that. But I believe he is also asking for big punitive damages and that’s what seems somewhat hypocritical.

---

<div class="post-metadata">

**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\
**Post date:** [June 9, 2007, 1:47pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/15 "2007-06-09T13:47:30Z")

</div>

[QUOTE=David Simmons]  
I don’t see any problem with his recovering something for his expense, if any, lost time, pain and stuff like that.  
[/QUOTE]  
Why? He did it to himself. He, a reasonable man, looked squarely at the unreasonable dais and chose to scale it anyway.

---

<div class="post-metadata">

**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\
**Post date:** [June 9, 2007, 2:00pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/16 "2007-06-09T14:00:58Z")

</div>

[QUOTE=Contrapuntal]  
Why? He did it to himself. He, a reasonable man, looked squarely at the unreasonable dais and chose to scale it anyway.  
[/QUOTE]  
Well, there is something to be said in favor of this point of view. I wasn’t there so I don’t know how “unreasonable” the physical arrangement looked.

However, I was assuming that a lawsuit followed and it was shown that the Yale Club had some liability. Bork’s pre accident position was that any punitive damages for that liability should be limited, not the award for actual damages.

One thing Bork’s difficulty shows is that the elderly should be super cautious about stairs. I know I am. Remember that, whippersnappers, if you are lucky enough to actually get old. 🙂

---

<div class="post-metadata">

**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [June 9, 2007, 2:41pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/17 "2007-06-09T14:41:50Z")

</div>

[QUOTE=Mr. Moto]  
Judge Bork has to use the law as it stands, both as a judge and as a plaintiff.  
[/QUOTE]

No, Bork _doesn’t_ have to use the law at all, in this instance. No one’s forced him to file this lawsuit.

---

<div class="post-metadata">

**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\
**Post date:** [June 9, 2007, 3:34pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/18 "2007-06-09T15:34:32Z")

</div>

You have a reasonable expectation that the steps and rails will conform with standards. I worked at a place that made a stairway on their own. It did not conform with OSHA standards. When I walked it ,it was uncomfortable and clearly dangerous. It was not far off but enough to make you feel tippy. There are standards for a reason. They can be dangerous. Bork is about 120 yrs old ,so he needed a safe step arrangement. I believe he will loot the event for all he can.

---

<div class="post-metadata">

**Author:** ![Fish](https://avatars.discourse-cdn.com/v4/letter/f/bc8723/32.png) [@Fish](https://boards.straightdope.com/u/Fish)\
**Post date:** [June 9, 2007, 4:00pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/19 "2007-06-09T16:00:44Z")

</div>

And **that** will be certain to increase his popularity at other speaking events.

---

<div class="post-metadata">

**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\
**Post date:** [June 9, 2007, 5:04pm UTC](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251/20 "2007-06-09T17:04:58Z")

</div>

[QUOTE=Mr. Moto]  
A large hematoma in a senior citizen isn’t a laughing matter at all  
[/QUOTE]

Except if the subject is a total dick-weed. Like Bork. 😃

[Next page](https://boards.straightdope.com/t/bork-falls-down-stairs-sues-yale-club-for-1m/407251.md?page=2)
