A 64-year-old stockbroker from New York is suing White Castle because their seating does not accommodate his bulky frame. I didn’t know whether to laugh, shout or cry when I saw this story (I guess crying would be a little pathetic, wouldn’t it?).
It’s difficult to understand how anyone could take Martin Kessman’s side. Do you even have to be a legal expert to see this for the ludicrous and frivolous lawsuit that it is? Then again, I am certainly not a lawyer and it wouldn’t be the first time common sense does not prevail.
It also begs the question: shouldn’t Kessman take this as a sign that he needs to maybe not go to White Castle so much? Maybe if he just cut down a little, he’d fit in the seat just fine in a few months.
Kessman’s lawsuit is seeking financial damages against White Castle, the fast food chain known for its mini burgers. He claims that the White Castle he goes to is in violation of the Americans With Disabilities Act because the seating cannot accommodate a customer of his size.
The lawsuit also claims that in April 2009, Kessman hit his knee on a metal post while trying to squeeze himself into the seat at the White Castle in Nanuet, New York.
“I’m not humongous, [but] I’m a big guy,’’ said Kessman told. “I could not wedge myself in.”
While White Castle made overtures that they were going to change the seating, Kessman says nothing was done. The restaurant says they plan on opening a new location, replacing the one in question.
What sets this lawsuit apart from others against restaurants is that most have to do with an injury or psychological trauma related to odd things found in their food. The oddest example may be a woman who paid a man $100 for a fingertip she planted in her Wendy’s chili. That got her five years of jail time. Kessman’s lawsuit will probably just end up as big waste of time.