# Guy sues fast food restaurants for making him fat and unhealthy **URL:** \ **Category:** The BBQ Pit\ **Created:** [July 25, 2002, 4:25pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787 "2002-07-25T16:25:50Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![bernse](https://avatars.discourse-cdn.com/v4/letter/b/a9a28c/32.png) [@bernse](https://boards.straightdope.com/u/bernse)\ **Post date:** [July 25, 2002, 4:25pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/1 "2002-07-25T16:25:50Z")
From: [http://www.foxnews.com/story/0,2933,58652,00.html](http://www.foxnews.com/story/0,2933,58652,00.html) -snip- > [@](#): > > A New York City lawyer has filed suit against the four big fast-food corporations, saying their fatty foods are responsible for his client’s obesity and related health problems. > > —snip— > > The lead plaintiff, 56-year-old maintenance supervisor Caesar Barber, ate at fast-food restaurants four or five times a week and blames his fatty diet for his obesity, diabetes, high blood pressure and cholesterol and the two heart attacks he has suffered. For the love of Christ. Before anyone starts on that obese people may have genetic problems that make them fat/eat/whatver, I have yet hear of a Whopper of Big Mac eating gene. Eat all you want for christ sakes, but pack a fucking lunch with a carrot in it or something. Fuck. Welcome to the US - Where you aren’t responsible for anything!! [sub]I wonder if I can sue Vivid video for some wrist problems I have… those bastards![/sub] ---
**Author:** ![TroubleAgain](https://avatars.discourse-cdn.com/v4/letter/t/e480ec/32.png) [@TroubleAgain](https://boards.straightdope.com/u/TroubleAgain)\ **Post date:** [July 25, 2002, 4:30pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/2 "2002-07-25T16:30:00Z")
I’m sure somehow those restaurants reached out and grabbed him, dragged him in, and STUFFED those burgers, fries and shakes down his throat. ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [July 25, 2002, 4:34pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/3 "2002-07-25T16:34:40Z")
Heck, McDonald’s even has Grimace as an example of what you’ll look like if you eat there every day. What more can they do? ---
**Author:** ![red\_dragon60](https://avatars.discourse-cdn.com/v4/letter/r/ce73a5/32.png) [@red\_dragon60](https://boards.straightdope.com/u/red_dragon60)\ **Post date:** [July 25, 2002, 4:35pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/4 "2002-07-25T16:35:44Z")
And they no doubt lied to him about how the fries are low-fat and non-addictive. Hopefully, when the judge throws this trite shite outta the window, nobody else will try and pull the same stunt and the US won’t try a “fat tax”. Part of living in America is freedom to choose what you eat. ---
**Author:** ![The\_Wrong\_Girl](https://avatars.discourse-cdn.com/v4/letter/t/b782af/32.png) [@The\_Wrong\_Girl](https://boards.straightdope.com/u/The_Wrong_Girl)\ **Post date:** [July 25, 2002, 4:40pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/5 "2002-07-25T16:40:23Z")
This reminds me of the woman who sued the “Pirates Booty” food corporation because their popcorn made her go off her diet. Apparently, they mislabeled the fat content in their popcorn, so she ended up fucking up her diet by eating food she thought was healthy. Unlike this guy, she had a leg to stand on, but I still contend she shouldn’t have eaten food called “Pirate’s Booty” in the first place. Cases like these are so annoying–you just _know_ that this is going to be cited forever when people bring up litigious Americans and obese Americans. ☹ What can you do, other than sit back and watch this guy make a fool of himself. ---
**Author:** ![Swampwolf](https://avatars.discourse-cdn.com/v4/letter/s/8edcca/32.png) [@Swampwolf](https://boards.straightdope.com/u/Swampwolf)\ **Post date:** [July 25, 2002, 5:07pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/6 "2002-07-25T17:07:33Z")
What’s really sad is, he’ll probably get a decent settlement out of it. It’s not like there aren’t precedents for this sort of thing. ---
**Author:** ![Fred](https://avatars.discourse-cdn.com/v4/letter/f/db5fbb/32.png) [@Fred](https://boards.straightdope.com/u/Fred)\ **Post date:** [July 25, 2002, 5:22pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/7 "2002-07-25T17:22:51Z")
This reminds me of an article written on fast food by my personal hero, Malcolm Gladwell. Here’s a quote: > [@](#): > > McDonald’s and the other fast-food houses aren’t the only purveyors of trans fats, of course; trans fats are in crackers and potato chips and cookies and any number of other processed foods. Still, a lot of us get a great deal of our trans fats from French fries, and to read the medical evidence on trans fats is to wonder at the odd selectivity of the outrage that consumers and the legal profession direct at corporate behavior. McDonald’s and Burger King and Wendy’s have switched to a product, without disclosing its risks, that may cost human lives. What is the difference between this and the kind of thing over which consumers sue companies every day? And another > [@](#): > > It didn’t take the Auburn scientists long to realize that they had created something special. They installed a test kitchen in their laboratory, got hold of a McDonald’s grill, and began doing blind taste comparisons of AU Lean burgers and traditional twenty- per-cent-fat burgers. Time after time, the AU Lean burgers won. Next, they took their invention into the field. They recruited a hundred families and supplied them with three kinds of ground beef for home cooking over consecutive three-week intervals–regular “market” ground beef with twenty per cent fat, ground beef with five percent fat, and AU Lean. The families were asked to rate the different kinds of beef, without knowing which was which. Again, the AU Lean won hands down–trumping the other two on “likability,” “tenderness,” “flavorfulness,” and “juiciness.” Given that fast food places have the technology and ability to introduce both burgers and fries with much lower fat, but refrain from doing so, I wouldn’t be surprised if this lawsuit, and ones similar to it, were successful. This isn’t a caveat emptor country, folks. Americans do _not_ have the ability to choose unsafe products if they so desire. ---
**Author:** ![JohnBckWLD](https://avatars.discourse-cdn.com/v4/letter/j/d6d6ee/32.png) [@JohnBckWLD](https://boards.straightdope.com/u/JohnBckWLD)\ **Post date:** [July 25, 2002, 5:23pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/8 "2002-07-25T17:23:32Z")
Here we go again. Samuel Hirsch, a NYC trial lawyer (or should I say vile liar) has started the ball _roll_ing on a class action suit NY State against the “big four” fast food chains: McDonalds, Burger King, Wendy’s and KFC. I though Taco Bell was one of the worst, but I guess to get Pepsico in your sights you don’t need to file against 2 of their chains. The lead plaintiff, a Mr. Caesar Barbar (a very appropriate name for those of you who’ve read children’s stories) blamed his former 275# 5’10” physique and two heart attacks on Big Macs, Whoppers, Bacon Classics and the ever popular Original recipe. Using the argument that he was “conned, fooled and tricked” while citing NY State laws against deceptive business practices, the now reformed junk food junkie wants his day in court and his piece of the apple pie. The attorney, Samuel Hirsh, who refuses to say whether he contacted Barbar or vice-versa (my guess is he has one hand up Barbar’s ass like a ventriloquist puppet and the other waiting to snatch his wallet) is already drooling over his 1/3 cut after filing papers in Bronx County Supreme Court; which, by the way is a great venue for finding an insanely generous, completely ignorant jury. My first question is who’s next? Hostess, Drakes, Entemanns, Local pizzeria owners, proprietors of diners, tavern owners or beer distributors? Please, this parade has got to be stopped! The lunatics are running the asylum. These god damn lawsuits get more and more insane, more and more frivolous, and sadly, more and more profitable. _The same leeches that write and interpret the laws use them for their own profit._ Hot coffee, exploding pop tarts, tobacco users, exotic dancers with plastic tits, morons who fall off ladders, assholes who cut themselves shaving, paralyzed divers, curb trippers, supermarket slippers and whiplash winners…the gravy train has got to end. You, the taxpayer, are paying the court expenses and the awards against municipalities. You, the consumer, are paying for judgments against corporations that simply work their legal expenses into the price of the products you buy. You the insured see a good part of your premium diverted right into the lawyer’s pockets. **The time for tort reform is now!** Let the English Rule reign supreme. Cap punitive damages. Make the loser pay the winners (and for that matter the taxpayer’s) legal expenses. Don’t tell me this will limit the citizens’ right to file suit. There are so many lawyers out there looking to make a million, they’ll jump at the opportunity to file suit for legitimate claims and will even if they have to take the gamble of paying the winner in the event they lose. ---
**Author:** ![UrbanChic](https://avatars.discourse-cdn.com/v4/letter/u/9dc877/32.png) [@UrbanChic](https://boards.straightdope.com/u/UrbanChic)\ **Post date:** [July 25, 2002, 5:44pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/9 "2002-07-25T17:44:31Z")
> [@](#): > > “I trace it all back to the high fat, grease and salt, all back to McDonald’s, Wendy’s, Burger King – there was no fast food I didn’t eat, and I ate it more often than not because I was single, it was quick and I’m not a very good cook,” Barber said in an interview with [Foxnews.com](http://Foxnews.com). > > “It was a necessity, and I think it was killing me, my doctor said it was killing me, and I don’t want to die.” He’s admitting he’s a glutton and an idiot! Necessity, indeed. :rolleyes: > [@](#): > > Frances Winn, a 57-year-old retired nurse, said her habit of eating at fast-food restaurants at least twice a week since 1975, caused her to go from a size 6 to a size 18, and inflicted her with hypertension, high cholesterol and a hyperthyroid problem. Wow, eating a weeks worth of calories and fat in two days caused her to gain a tremendous amount of weight! Whodathunk it? > [@](#): > > Israel Bradley, 59, said his ritual of eating a pound of french fries a week gave him high blood pressure, diabetes, made him obese and forces him to walk with a cane. In 1993, he passed out and had to be rushed to the emergency room because of the medical problems caused by his diet. > > “I got addicted to it,” he said. When his diet caused him severe medical problems he still didn’t have the common sense to change his ways and he want the fast food industry to pay him for it now? What next, will junkies be suing their drug dealer? ---
**Author:** ![Missy2U](https://avatars.discourse-cdn.com/v4/letter/m/3bc359/32.png) [@Missy2U](https://boards.straightdope.com/u/Missy2U)\ **Post date:** [July 25, 2002, 6:29pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/10 "2002-07-25T18:29:36Z")
**Juanita** , under the Drug Dealer Liability Act, (per [http://www.modelddla.com/Explanation\_of\_DDLA\_Market\_Liability.htm](http://www.modelddla.com/Explanation_of_DDLA_Market_Liability.htm) ) **they can** in Arkansas, California, Colorado, Georgia, Hawaii, Illinois, Indiana, Louisiana, Michigan, Oklahoma, South Dakota, South Carolina, Utah and the U.S. Virgin Islands A. Persons who may bring suit (per [http://www.estreet.com/orgs/dsi/ddla1b.html#analysis](http://www.estreet.com/orgs/dsi/ddla1b.html#analysis) ) The basis of recovery under the Act is the harm resulting from the actual use of drugs by a person. Sections 11© and 5(a). If the person’s drug use results in a recognizable harm to the person or to other persons or entities, such persons and entities may bring suit to recover damages for the harm caused. These persons and entities include family members, injured members of the public, employers, and entities that have incurred financial loss as a result of the person’s drug use. Section 6(a). **The Act also allows the drug user to bring suit, albeit under more restrictive circumstances and for more limited damages, (Section 7) as is discussed later.** ---
**Author:** ![Drastic](https://avatars.discourse-cdn.com/v4/letter/d/f9ae1b/32.png) [@Drastic](https://boards.straightdope.com/u/Drastic)\ **Post date:** [July 25, 2002, 6:54pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/11 "2002-07-25T18:54:19Z")
I for one hope the case goes through, and the fellow wins. If that happens, things are looking up for my planned suit against mattress manufacturers and the companies that make computer games. You see, sometimes I oversleep, and being late for work is very stressful for a person who prefers to be punctual. It’s a proven fact that stress is unhealthy for the body, and I wouldn’t have suffered it if my bed wasn’t so comfortable. Similarly, I’ve been forced to develop the habit of playing computer games. The time I spend doing that could be spent improving my health via exercise. Plus, sometimes playing them causes frustration at not being able to solve a puzzle, get past a certain sequence, or whatnot, which is additional stress on a sedentary body. The negative effects of this wouldn’t happen if the games weren’t so addictive and fun. I’ll figure out what to sue after that once those are underway. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [July 25, 2002, 7:10pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/12 "2002-07-25T19:10:54Z")
And if **Drastic** ’s suit goes through, I’m going after the SDMB for all the time I’ve wasted here instead of pursuing a medical degree and earning hundreds of thousands of dollars treating people like Mr. Barbar. And after that, I’ll sue Mr. Barbar for suing the fast food franchises, which forced them to offer healthier food, thereby depriving me of my legally-established pseudo-livliehood. And when the government finally pulls its dick out of the mouth of the trial attorney’s lobby and slaps some regulations on lawsuits, I’ll sue congress for depriving me of my main source of income: suing everyone I can lay my hands on! I’ll be rich! Rich, I tells ya! ---
**Author:** ![lurkernomore](https://avatars.discourse-cdn.com/v4/letter/l/d6d6ee/32.png) [@lurkernomore](https://boards.straightdope.com/u/lurkernomore)\ **Post date:** [July 25, 2002, 7:19pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/13 "2002-07-25T19:19:22Z")
Caesar Barber shoulda had a Caesar SALAD once in a while. Can we sue the lawyers for disturbing our sensibilities for these stupid lawsuits? Can an honest lawyer [sub] if you can find one [/sub] sue someone like this for defaming their profession? ---
**Author:** ![minty\_green](https://avatars.discourse-cdn.com/v4/letter/m/f6c823/32.png) [@minty\_green](https://boards.straightdope.com/u/minty_green)\ **Post date:** [July 25, 2002, 7:22pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/14 "2002-07-25T19:22:55Z")
Fear not. This suit will quickly be put out of its misery, through the magic power of a motion to dismiss. ---
**Author:** ![c\_goat](https://avatars.discourse-cdn.com/v4/letter/c/f4b2a3/32.png) [@c\_goat](https://boards.straightdope.com/u/c_goat)\ **Post date:** [July 25, 2002, 7:29pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/15 "2002-07-25T19:29:10Z")
Hey Drastic, add me to your list of plaintiffs. I’m always late to work because Sony and Intel make me play video games all night, then I can’t sleep because I can only think about the games I was forced to endure. It’s like a neverending nightmare. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [July 25, 2002, 8:46pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/16 "2002-07-25T20:46:15Z")
> [@](#): > > \*Originally posted by lurkernomore \* > Can an honest lawyer [sub] if you can find one [/sub] I’d say we have several on this board, if the integrity they bring to debates here is indicative of how they conduct their professional lives. > [@](#): > > Welcome to the US - Where you aren’t responsible for anything!! Just because somebody files an asinine lawsuit, doesn’t mean nobody’s responsible for anything. I don’t have the professional background that **minty** brings to this discussion, but I’d agree that this one has a granted “motion to dismiss” written all over it. > [@](#): > > These god damn lawsuits get more and more insane, more and more frivolous, and sadly, more and more profitable. The same leeches that write and interpret the laws use them for their own profit. **Hot coffee…** My oh my, not that again. Here’s the [thread](http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=22459&highlight=McDonalds+coffee) where we dealt with that one; she had a legit gripe. As one poster said, > [@](#): > > You mean the case where McDonald’s, even though many injuries had been reported previously, still served their coffee way above a temperature that could be considered “normal”, and gave it to them in their cars? And then an old lady bought a cup, placed it between her legs, where it spilled out and caused third-degree burns, requiring hospitalization and skin grafts? > [@](#): > > The time for tort reform is now! Yeah, except that what’s billed as “tort reform” amounts to capping punitive damages at the nonpunitive level in the case of large corporations. If you want to prevent plaintiffs or their lawyers from benefiting from punitive damages, you could have them go to a third party - a charity, or the government. But to cap punitive damages is to minimize any deterrent value they might have. ---
**Author:** ![Coldfire](https://avatars.discourse-cdn.com/v4/letter/c/a587f6/32.png) [@Coldfire](https://boards.straightdope.com/u/Coldfire)\ **Post date:** [July 25, 2002, 8:48pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/17 "2002-07-25T20:48:37Z")
Well, I think this guy is dead right. I’m calling my lawyer now. Gonna sue Yamaha for causing me to get speeding tickets. 🙂 ---
**Author:** ![DeadlyAccurate](https://avatars.discourse-cdn.com/v4/letter/d/ac91a4/32.png) [@DeadlyAccurate](https://boards.straightdope.com/u/DeadlyAccurate)\ **Post date:** [July 25, 2002, 8:59pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/18 "2002-07-25T20:59:37Z")
> [@](#): > > Americans do not have the ability to choose unsafe products if they so desire. So, am I breaking the law if I go to the grocery store and select fresh vegetables and whole grain breads instead of stopping at McDonald’s on the way home and grabbing a couple of Quarter Pounders w/Cheese? We very much have the ability to choose between safe and unsafe foods. No one made him go to fast food restaurants. I don’t eat out much because it gets expensive and tiresome pretty fast. I make that _choice_, the same one this idiot was also able to make. ---
**Author:** ![bernse](https://avatars.discourse-cdn.com/v4/letter/b/a9a28c/32.png) [@bernse](https://boards.straightdope.com/u/bernse)\ **Post date:** [July 25, 2002, 9:09pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/19 "2002-07-25T21:09:38Z")
> [@](#): > > Just because somebody files an asinine lawsuit, doesn’t mean nobody’s responsible for anything Sarcasm meter just a little off today, RTF? 😉 ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [July 25, 2002, 10:08pm UTC](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787/20 "2002-07-25T22:08:10Z")
> [@](#): > > And when the government finally pulls its dick out of the mouth of the trial attorney’s lobby and slaps some regulations on lawsuits, I suppose then that ending the likelihood of suing the pharmaceutical industry for their defective products means we are at this point. Search for the Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act of 2002 at [Thomas](http://thomas.loc.gov/home/c107query.html) The bill caps nonecoomic damages, essentially prohibits punitive damages, ends joint liabilty, and severely limits attorney fees. So, all those people damaged by Pondimin, Redux, Sulzer hip and knee implants, Rezulin and other less than helpful products can all breath a sigh of relief that Congress has their best interests at heart. (really, the bill even has a section entitled, “MAXIMIZING PATIENT RECOVERY.”) [Next page](https://boards.straightdope.com/t/guy-sues-fast-food-restaurants-for-making-him-fat-and-unhealthy/120787.md?page=2)