NACHI ATTORNEY APPEARS ON NBC'S TODAY'S SHOW

Originally Posted By: ajalowsky
This post was automatically imported from our archived forum.



NACHI’s Chief Litigation Counsel, Mark Cohen, appeared on The Today Show today, November 7, 2005, to discuss the case of a client injured in a Home Depot store in Colorado. Cohen’s client, Bob Dougherty, sued Home Depot as the result of an incident that took place when Dougherty used the store’s restroom. Dougherty, a 57 year old veteran with a cardiac condition, sat down on the toilet seat only to find that he was the victim of a prank in which someone had put a clear glue on it. A store employee found Dougherty in the restroom and reported the incident to his supervisor, but the supervisor thought it was a hoax and did nothing. Dougherty remained stuck on the toilet for 15 to 20 minutes before someone else finally called 911.


Very upsetting story, did anyone see the show???


Originally Posted By: Aimee Jalowsky
This post was automatically imported from our archived forum.



I almost forgot, not only is Mark now a famous lawyer, he’s also a writer.


I am reading the first one right now, and, if you like murder mystery, you must get this one…



Mark?s latest mystery, BLUETICK REVENGE is available at bookstores and at www.amazon.com.
(Time-Warner Books). His 1st Pepper Keane mystery, THE FRACTAL MURDERS, was a Book
Sense? Top Ten Mystery pick in 2002.

BLUETICK REVENGE: It doesn't seem like a bad idea when Pepper Keane agrees to steal a
champion bluetick coonhound from the leader of a sadistic biker gang. After all, the dog also
belongs to the biker's missing girlfriend, Karlynn Slade. And though Karlynn stole three hundred
grand from him, she's not entering the Witness Protection Program without the prized pooch.
Karlynn's attorney asks Pepper to keep an eye on her until the feds are ready to help her
disappear. But when Pepper also accepts payment from the biker to "look" for Karlynn, things get
a little tricky. Soon, Pepper loses Karlynn, the biker puts a price on his head, gangs in every
direction are after him, and there's still an unsolved murder that's begging for his attention....


Originally Posted By: Blaine Wiley
This post was automatically imported from our archived forum.



So let me get this right. He is suing Home Depot because he had to sit on the toilet an extra fifteen or twenty minutes? That ought to be worth a bunch of bucks to the lawyer, and nicely raised prices on either our Home Depot products or our insurance costs.


Geeeze. Let them pay for the medical costs, and find the stupid bastard that put the glue on the seat in the first place and put him in cement shoes!!


Originally Posted By: lclark
This post was automatically imported from our archived forum.



What kind of glue would’nt dry out before you set on it? I never seen the show, but I’ll bet the guy glued his own butt to the seat, then flushed the tube.



" Motivation is what gets you started. Habit is what keeps you going."

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.



I wouldn’t want to be on the opposing side of any of our 3 attorneys: Jeff Cohen, Mark Cohen or Joe Ferry.


They are no picnic.


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: polinger
This post was automatically imported from our archived forum.



Yes, I caught the show. Very embarrassing for Mr. Dougherty who also thought at the time he suffered a heart attack, has been diagnosed with Post Traumatic Stress Syndrome by a doctor.


But 3 million dollars? How about medical and legal fees, an apology from the store manager (who should get a stiff reprimand) and $5000 for pain and suffering? Home Depot often offers a chance to win that amount for shoppers who complete a survey (Hope Mr. Dougherty did.)


Mr. Dougherty also claims the store was negligent by having an empty dispenser of toilet seat covers. OK lets say Mr. Dougherty is an honest man who is not trying to dupe the system by gluing himself to the toilet seat and the real culprit is devious enough to empty the dispenser so the victim is forced to use the facilities un-protected. The store is negligent in that regard? I don’t think so.


Also mentioned video surveillance tapes the store was unable to supply.


Originally Posted By: rfarruggia
This post was automatically imported from our archived forum.



I think the correct legal term for “toilet seat covers” is “assgaskets”.


Originally Posted By: rspriggs
This post was automatically imported from our archived forum.





icon_mad.gif icon_mad.gif


That, I am sure, is the crux of the issue.


Russ


--
Exploring Planet NACHI . . . One house at a time.

Russ Spriggs,
Idaho Chapter Pres.
Coeur d'Alene, ID Home Inspectors
Coeur d'Alene Home Inspectors

Originally Posted By: Blaine Wiley
This post was automatically imported from our archived forum.



I guess if Home Depot is negilgent for not having toilet seat covers, then the plaintiff is negilgent for not having a brain and not wiping the seat with toilet paper prior to use?


Oh well, we all remember the lady who spilled the hot coffee in her lap and sued McDonalds because she was stupid.......and won.


Originally Posted By: cmccann
This post was automatically imported from our archived forum.



This is not a case that I would hang my hat on if I was an attorney. Nothing to brag about for sure. Ambulance chaser?


I predict that Home Depot will wipe the toilet seat up on this plaintiff! Any takers? Any bets?


--
NACHI MAB!

Originally Posted By: jonofrey
This post was automatically imported from our archived forum.



I think the corporate peckerwoods at Home Depot should have personally wiped Mr. Dougherty?s butt with Goof Off?icon_lol.gif



Inspection Nirvana!


We're NACHI. Get over it.

Originally Posted By: rcooke
This post was automatically imported from our archived forum.



bwiley wrote:
I guess if Home Depot is negilgent for not having toilet seat covers, then the plaintiff is negilgent for not having a brain and not wiping the seat with toilet paper prior to use?

Oh well, we all remember the lady who spilled the hot coffee in her lap and sued McDonalds because she was stupid.......and won.


I think she lost when it was appealed .


--
Roy Cooke Sr.

http://Royshomeinspection.com

Originally Posted By: Aimee Jalowsky
This post was automatically imported from our archived forum.



How awful would you feel if while glued to the toilet, you yelled for help for over five minutes until an employee finally hears you. The employee calls the manager who doesn’t believe its real. Doesn’t call for assistance. Meanwhile, you’re yelling again until someone else hears you, calls for help and then you are carried out of the store, dropped with the toilet seat ripping your oh so tender skin off.


And you scoff at this? ![icon_rolleyes.gif](upload://iqxt7ABYC2TEBomNkCmZARIrQr6.gif) ![icon_rolleyes.gif](upload://iqxt7ABYC2TEBomNkCmZARIrQr6.gif) ![icon_rolleyes.gif](upload://iqxt7ABYC2TEBomNkCmZARIrQr6.gif)


Originally Posted By: gporter
This post was automatically imported from our archived forum.



Something just does not sound right about this. if I sat down in something wet like glue I would know it get up.



Gary Porter


GLP’s Home and Mold Inspections LLC


Orlando, Fl 32828


321-239-0621


www.homeandmoldinspections.com

Originally Posted By: rspriggs
This post was automatically imported from our archived forum.



to follow up.


That’s what will bite HD in the butt!!



Exploring Planet NACHI . . . One house at a time.


Russ Spriggs,
Idaho Chapter Pres.
Coeur d'Alene, ID Home Inspectors
Coeur d'Alene Home Inspectors

Originally Posted By: jonofrey
This post was automatically imported from our archived forum.



It’s a friggin public rest room. Use at your own risk. I suppose now I will have to find some place else to go pee in H.D. because after this they will not be able to offer restrooms to the public.


I mean, even if his butt skin came off on the seat, that ain't 3 mil worth of @ss.

I thought we were supposed to have tort reform.


--
Inspection Nirvana!

We're NACHI. Get over it.

Originally Posted By: cmccann
This post was automatically imported from our archived forum.



Home Depot will prove fraud in this case, or they would not let it go this far. Word on the street is they have video of this guy committing fraud at the store…hhmmmmm. What kind of glue was it again?


Reminds me of the Wendy's finger chilli!!

John,

No doubt, don't you look before sitting your a$$ down? At least give it a courtesy wipe, if no hats are available!


--
NACHI MAB!

Originally Posted By: jonofrey
This post was automatically imported from our archived forum.



Now I’m not sure what would be worse. H.D. taking video of folks on the crapper or getting your butt glued to the seat.



Inspection Nirvana!


We're NACHI. Get over it.

Originally Posted By: rwashington
This post was automatically imported from our archived forum.



Scariest part is not putting down t.p. on the seat. It should be mandatory.



Richard W Washington


www.rwhomeinspections.com

Originally Posted By: jwilliams4
This post was automatically imported from our archived forum.



My wife learnt me to carry Purel alcohol wipes. Do a pretty


good job, too.


--
"not just an inspection, but an education"