A civil jury in New Jersey awarded a man nearly $100,000 in a lawsuit he filed against his mother.

John Garrity was installing hardwood floors in his mother's home when she tapped him on the shoulder to tell him that lunch was ready. Garrity, who was using a miter saw at the time, quickly turned around, causing his hand to slip into the saw's path and severing his pinky finger.

Garrity filed the lawsuit against his mother, Nancy Garrity, seeking nearly $200,000 in damages in addition to nearly $40,000 in medical bills. Court records show that the mother admitted she was at fault. “It was very noisy from the machine which he was operating, so I tapped him on the shoulder,” read one court document. “He appeared to be startled and then held up his hand, which had blood on it.”

The jury in the State Superior Court found each party to be 50 percent at fault for the accident and thus awarded Garrity 50 percent of his claim.

—Source: NorthJersey.com, (CFIF thanks Liberty Update subscriber Jack G. for alerting us to this week's “Jester's Courtroom” lawsuit.)

It's tough for an employer to win an employee discrimination claim once the Equal Employment Opportunity Commission (“EEOC”) gets involved. It's even more difficult to win and get paid attorneys' fees.

Score one for employer Agro Distribution when a court recently ordered the EEOC to pay the company's legal fees after it concluded that the agency grossly mishandled an employee's frivolous lawsuit.

According to the Fifth Circuit Court of Appeals decision, the EEOC must pay nearly $225,000 in attorneys' fees and costs to defendant Agro after affirming a lower court's decision that the employee is not disabled under the definition in the Americans with Disabilities Act and that “the suit lacked foundation.”

Employee Henry Velez allegedly suffered from a medical condition that included the absence of sweat glands. Accordingly, his employer made special accommodation by allowing him to take regular breaks in order to cool down. After the employer assigned a new duty to all employees in his position, Velez complained that his condition prevented him from helping. The manager countered that the new duty – the unpleasant task of unloading dirty feed buckets, was similar work to the original position.

Velez filed a complaint with the EEOC. Following an on-site investigation, Agro's attorney wrote a letter to the EEOC, reporting that the investigator “made insulting remarks during interviews; indicated disgust for the statements of management witnesses; raised her voice; rephrased witnesses' statements to favor the charge; and selectively recorded portions of the statements.” Attempts at settlement broke down, the EEOC refused to return calls, and then sued Agro.

Nearly nine years since the alleged violation, the appeals court concluded that “The EEOC must vigorously enforce the Americans with Disabilities Act and ensure its protections to affected workers, but in doing so, the EEOC owes duties to employers as well: a duty reasonably to investigate charges, a duty to conciliate in good faith, and a duty to cease enforcement attempts after learning that an action lacks merit. In this case, the EEOC abandoned its duties and pursued a groundless action with exorbitant demands. Then every employee in Velez's position was assigned a new duty the unpleasant task of unloading dirty, empty barrels that had been used to feed cattle. Velez told his boss his condition prevented him from helping.”

—Source: www.hrblunders.com and EEOC v. Agro Distribution LLC.

A Tennessee woman is suing a restaurant, nearby liquor store and her alleged attacker following a good deed that turned bad.

According to news reports, Fran MacLaren gave a cheeseburger to a homeless man, David Craig, outside of a local McDonald's. After shouting that he didn't want the cheeseburger, but rather just money, Craig threw the burger at MacLaren. She responded by calling him an “ungrateful bastard.” Craig then went after MacLaren, striking her repeatedly, breaking her nose, fracturing her wrist and cheekbone, and cracking her rib.

Last month MacLaren filed a lawsuit in Davidson County Circuit Court seeking $2 million in damages and alleging that the McDonald's and the nearby liquor store "knew, or should have known, that their mode of operating their particular stores attracted persons prone to criminal acts and provided an environment to crime."

The suit further states that both stores failed to provide a reasonably safe place for their customers.

—Source: The Tennessean

A man sued the New Orleans Police Department, claiming he was harassed by an officer because he was wearing a black pinstriped skirt, instead of pants, to Municipal Court.

Jeremy Don Kerr filed the lawsuit last month which seeks a declaratory judgment saying that NOPD violated his rights and owes him $1 in damages and court fees.  Kerr also wants the court to bar the NOPD from prohibiting anyone in the city “unfettered access to public facilities because of sex discrimination that is based on gender stereotyping.”

In a civil-rights lawsuit filed last month, Kerr describes himself in the lawsuit as "a heterosexual male of Scottish ancestry" who was made a victim of discrimination by his choice of attire and claims to be more comfortable in skirts rather than pants.

According to news reports, Kerr wore a skirt to the New Orleans Jazz and Heritage Festival. "The comments are overwhelmingly positive," he said. "Women love it, people of all ages and all races love it across the board."

The NOPD hasn't been served with the lawsuit and hasn't answered the claim.

—Source:  The Times-Picayune (New Orleans)