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Law Humor

: Lowering the Bar

Woman Sues Victoria's Secret For Allegedly Defective Underpants

By Kevin Underhill

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On June 9, Macrida Patterson filed a lawsuit in Los Angeles County alleging that she was injured last year by a defective product.  According to the report, Patterson was putting on a "low-rise v-string" thong she had purchased at Victoria's Secret when a metal clip or staple popped off the garment and struck her in the eye.  Her lawyer said (on the "Today" show) that the staple had caused "severe damage" to his client's cornea, requiring a "topical steroid" but, apparently, no surgery.

The metal piece was used to secure a rhinestone heart on the undergarment, which is part of the retailers' "Sexy Little Thing" line.  Plaintiff alleges that at the time of injury the low-rise v-string product "was being used in the manner intended by the defendants," which some have suggested may not be strictly true given that Patterson is 52 years old.

As of June 19, Victoria's Secret representatives were saying that the company had not actually been served with the lawsuit, or allowed to examine the allegedly defective thong.  Appearing on the "Today" show, Patterson admitted that she had worn the underwear on at least two other occasions and had "laundered it" (hopefully on at least two other occasions).  Her attorney managed to deliver what was clearly a carefully thought-out yet still awful soundbite, saying "Victoria's Secret does have its angels, but as we say, the devil is in the details."

If I could, I would dismiss the case for that reason alone.

Patterson's attorney also stated, "In terms of money, that's not what we really want here," saying that what they really wanted was to make Ms. Patterson "fully redressed for her grievous injury."  If it took an amount of money in excess of the court's jurisdictional amount of $25,000 to do that, well, then so be it.

Link: The Smoking Gun
Link: Reuters
Link: MSNBC

Full post as published by Lowering the Bar on June 26, 2008 (boomark / email).

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