Monday, December 06, 2010

Lame Lawsuit of the Day

Cheryl Sibley, 53, of Hasbrouck Heights, New Jersey is suing Manhattan institution McSorley's Ale House over injuries she claims to have suffered at the "paws" of the bar's cat. Unless this cat mauled her and caused serious injuries requiring hospitalization, this is one of those cases that doesn't quite pass the smell test.
Cheryl Sibley, 53, of Hasbrouck Heights, says she suffered the mini-mauling in October 2009, according to papers filed in Manhattan Supreme Court last week.

The suit doesn't say exactly how the terrible tabby made a meal of Sibley.

But the woman claims the "live animal" attack left her with "serious injuries" that required medical care, the court papers state.

McSorley's owner, Matthew Maher, says he is shocked by allegations about the bar's peaceful house cat, Minnie the Second.

"I have no recollection of any attack," he said. "If I would have known, I would have been the first to call her and say 'Are you OK? Can I do anything for you?' "

Maher says he doesn't allow Minnie to roam the sawdust floors during drinking hours, which is a violation of city law.
I guess we're finally now hearing about this particular lawsuit because the plaintiff needed all of this time to locate a lawyer willing to take the case and that causes a problem all its own.

New York's statute of limitations on tort actions is one year, which means that unless she filed this action before November 2010, it isn't going to hold up in court. The article states that the papers were filed with the court last week, which means that she's got a statute of limitations problem.

So, even if she manages to avoid the statue of limitations problem, there's the issue of not only proving the injury, but being compensated for the injuries that makes it worth the lawyer's time and effort - not to mention the time of the court.

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