A federal judge is allowing a negligence lawsuit to proceed against the publishers of an online virtual-world video game after the plaintiff alleged that he became psychologically dependent and addicted to playing Lineage II.
 
In a complaint filed on his own behalf, plaintiff Craig Smallwood of Hawaii sought unspecified monetary damages against NCSoft and NCInteractive, Inc., the maker and publisher of Lineager II, because of what Smallwood claimed to be the addictive nature of the game. Smallwood alleges that he became so addicted he was "unable to function independently in usual daily activities such as getting up, bathing or communicating with family and friends."
 
According to court documents, Smallwood claims he played Lineage II for over 20,000 hours from 2004 through 2009 and that he "experienced great feelings of euphoria and satisfaction from persistent play."  Smallwood further contends that defendants were aware of plaintiff's psychological addiction because of his continued play and never gave him any notice or warning of the danger.   Smallwood charges that defendants "acted negligently in failing to warn or instruct plaintiff and other players of Lineage II of its dangerous and defective characteristics, and of the safe and proper method of using the game."
 
Earlier this month, U.S. District Judge Alan Kay ruled that: "In light of plaintiff’s allegations, the court finds that plaintiff has stated a claim for both negligence and gross negligence.” In the same ruling, Judge Kay dismissed most of Smallwood's other counts, namely for misrepresentation/deceit, unfair and deceptive trade practices, intentional infliction of emotional distress and punitive damages.
 
—Source:  Wired.com

A New York City cafe was sued by a Manhattan mom who claims she was traumatized when the restaurant manager ordered her to stop breastfeeding her child.
 
Julia Acevedo-Taylor claims she and a friend were being as discreet as possible when they were nursing their "hungry and tired" babies.  In the lawsuit filed against Lily O'Brien's Chocolate Cafe, Acevedo-Taylor claims that they were told to "leave and never come back" after the women refused the manager's request to stop nursing their babies.
 
According to the suit, Acevedo-Taylor fled the store in tears and was so traumatized she can no longer nurse in public.
 
The store's owner counters that no one was asked to leave, but rather that the general manager asked if they could cover up following complaints by other customers.  A sign on the door of the cafe reads, "breast-feeding welcome here."
 
—Source:  NYDailyNews.com

A Portland, Oregon business was shut down recently by the Multnomah County Health Department for failure to purchase a license.  The business owner was 7-year-old Julie Murphy; the business was a lemonade stand at the monthly art fair in a Northeast Portland neighborhood.
 
According to news reports, shortly after selling her first 50-cent glass of lemonade, a "lady with a clipboard" came over and asked Murphy for her license. When Murphy's mom Maria Fife explained they didn't have one, the woman told them they would need to leave or possibly face a $500 fine for failing to get a $120 temporary restaurant license.
 
"I understand the reason behind what they're doing and it's a neighborhood event, and they're trying to generate revenue," said Jon Kawaguchi, environmental health supervisor for the county health department. "But we still need to put the public's health first."
 
"Technically, any lemonade stand -- even one on your front lawn -- must be licensed under state law," said Eric Pippert, the food-borne illness prevention program manager for the state's public health division. But county inspectors are unlikely to go after kids selling lemonade on their front lawn unless, he conceded, their front lawn happens to be on Alberta Street during the monthly art show.

"When you go to a public event and set up shop, you're suddenly engaging in commerce," he said. "The fact that you're small-scale I don't think is relevant."

After packing up the stand, Fife commented that she does see the need for some food safety regulation, but she thinks the county went too far in trying to control events as unstructured as the neighborhood art fair.
 
Michael Franklin, the man at the booth next to Murphy, is organizing a "Lemonade Revolt" at the August art show. He's calling on anarchists, neighbors and others to come early for the event and grab space for lemonade stands.

—Source:  OregonLive.com

A Florida inmate is suing the man whose bicycle he stole, claiming the victim and two of his friends roughed him up during a citizen's arrest after they caught him red-handed with the bike.
 
Michael Dupree, who is serving a 12-year sentence for burglary and cocaine possession, filed the civil lawsuit on his own, without the help of an attorney.  According to the lawsuit, Dupree claims that Anthony McKoy saw him on McKoy's stolen bicycle and McKoy and two others chased him down, pointed a gun, handcuffed him and placed a knee painfully in his back.  Dupree is seeking $500,000 for disabilities and distress suffered during the take-down that "resulted in permanent disabilities and psychological disorders which the Plaintiff continues to suffer."
 
After being served with the suit, McKoy said, "I thought it was a joke. I'm the victim."
 
"It's laughable. It's a waste of taxpayer money," he told the St. Petersburg Times. "What gall. I guess time in prison just makes you go crazy." 
 
—Source: St. Petersburg Times