Arbitration & Mediation

Ridiculous Lawsuit of the Month.

By Christopher Annunziata

This story has already filtered down to that bellwether of the news industry, The Today Show, but I thought I’d mention it, too. A would be “base jumper” has sued the Empire State Building for $30 million for allegedly “endangering” his life when he climbed over the so-called “suicide fence” surrounding the Observation Deck of the Empire State Building so he could parachute off. I haven’t read the complaint, but I understand it claims he has been defamed, and alleges some theory of false imprisonment because he was handcuffed to the suicide fence.

In his defense, Ms. Corliss is apparently quite accomplished at this “activity” and has jumped from various landmarks, by permit and sometimes at the request of local authorities, including the Eiffel Tower, Golden Gate and Petronas Towers. Further, there is no specific statute prohibiting this “activity.” The Manhattan D.A., in a move worthy of the TV show Law and Order, charged him with “reckless endangerment.” A New York judge dismissed the criminal charges against him, holding that as a “professional,” he was experienced and careful, therefore, he could not have been recklessly endangering his own life or anyone else?s.

But his claims for damages and tortured theories of liability strain all logic. This morning on Today, he claimed the actions of the security team endangered his life because had his chute opened while he was cuffed, it could have ripped his torso from his arms. In all my years handling personal injury cases, I’ve never heard a jury award damages for what “coulda” happened. Imagine that argument: “If that truck was going 20 mph faster when it hit me…” or “If that other car had struck me on the driver side door instead of the rear end…” or “If the gas tank had exploded into a fireball…” or “If there had been ice on those steps…”.

He claims to have offered

to serve as a security consultant to the Empire State Building so that others, including suicidal people, would not be able to jump off.?Very small tweaks in their security will make it impossible to jump off that building,? Mr. Corliss said. ?I would be more than happy to come in there and show them how to do that.?

Again, on Today, he claimed that there have been 3 or 4 successful “Base Jumps” from the Empire State, and over 30 suicides. As a mediator, I see a great solution here. I think both sides are angry, and nobody has really been hurt. (Adrenal fatigue? Sounds like a tortured attempt to show some physical harm to meet the requirements of a claim of infliction of emotional distress). The Building has a distinct interest in preventing suicides, as well as (the apparently legal) base jumps. Mr. Corliss would like to rehabilitate his “good name.” A highly public news conference announcing their partnership to “jump proof” the Observation Deck might satisfy everyone (except the publicity hound shyster that Corliss hired).

Full post as published by CKA Mediation and Arbitration Services Blog on January 17, 2008 (boomark / email).