Sunday, August 28, 2011

A Lawsuit Any Lawyer Would Be Ashamed to File

The Salt Lake Tribune ran a story about a frivolous lawsuit on steroids that would make Kimberly Garrity's adult children look like spoiled brats.

CHICAGO • Raised in a $1.5 million Barrington Hills, Ill., home by their attorney father, two grown children have spent the last two years pursuing a unique lawsuit against their mom for "bad mothering" that alleges damages caused when she failed to buy toys for one and sent another a birthday card he didn’t like.

The alleged offenses include failing to take her daughter to a car show, telling her then 7-year-old son to buckle his seat belt or she would contact police, "haggling" over the amount to spend on party dresses and calling her daughter at midnight to ask that she return home from celebrating homecoming.

Last week, at which point the court record stood about a foot tall, an Illinois appeals court dismissed the case, finding that none of the mother’s conduct was "extreme or outrageous." To rule in favor of her children, the court found, "could potentially open the floodgates to subject family child-rearing to ... excessive judicial scrutiny and interference...."

[The father] Steven A. Miner, reached by phone, did not comment. In court papers he said he only filed the lawsuit after much legal research and had tried to dissuade his children from bringing the case....

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