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Legal decisions that will leave you scratching your head

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Published: July 22, 2010

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I have provided columns in the past about actual legal cases that could be described as crazy, bizarre or outrageous. I’ve collected another batch for your summertime enjoyment.

In 1997, a poor man from Nepal was hired to take a suitcase to the United States for $6,000. He didn’t know that the frame of the suitcase was altered and contained heroin.

He found out when he was caught at the airport. He explained everything to customs, police and even the court, to no avail. In spite of being an innocent dupe, being fully co-operative, and the judge finding it was a big mistake, he was convicted and got more than six years in prison.

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The U.S. government wasn’t happy with that, appealed twice and lost, although the sentence was reduced to about three years.

In 2003, the animal rights group PETA sued Kentucky Fried Chicken for mistreatment of animals. They compared the treatment of chickens to concentration camp victims in the Second World War, calling it “Holocaust on your plate.” At least as many people were offended by the lawsuit as by what actually happened to the chickens.

In New York City, a man sued a real estate company for negligence. He used a bathroom without a doorknob. To open it, he stuck his thumb in the hole cut for the doorknob. At that same moment, someone else pushed the door open, severely injuring the guy’s thumb.

He said it caused him to miss work for six months. A jury awarded him $2.9 million, of which $750,000 was for his wife’s distress.

A disabled U.S. Grade 12 student was named class valedictorian because she had the highest grades. But the school said she had to share the award with the student getting the highest marks in the regular program. The young lady’s disability had entitled her to extra time to write tests and exemptions from some classes.

The school said it was trying to be fair, but a judge ruled in favour of the girl and declared her the one and only valedictorian for that year. There is no word on the girl’s claim for $2.7 million for her distress.

Modern times have no monopoly on weird court decisions. In the second century AD, there was a champion boxer named Theagenes. After his death, his hometown put up a statue.

But not everyone was a fan. One man would actually attack the statue every night.

On his last attack, the statue fell over and crushed him. The dead man’s family sued and suggested the statue had murdered their dad. The court found the statue guilty and ordered it thrown into the sea.

After it was pitched into the water, hard times hit the town, which suffered a famine. Their religious leader said to bring the statue back. When they did, the drought and famine ended.

In a Canadian court case about restraining orders, alleged criminal Trevor was taken into custody in Whitehorse, Yukon, when it was alleged he was not complying with the terms of a restraining order.

The order said he couldn’t live near trails or public walkways or with or near children. He was not to be allowed to look out of doors or windows when inside his house.

Trevor was a one-year-old German Shepherd -Rottweiler cross. His handlers breached the order and for a while, Trevor’s fate was up in the air. In the end, he was allowed to live, but all the fuss about Trevor cost Whitehorse more than $25,000.

Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.

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Rick Danyliuk

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