Miscellaneous

Damnum Absque Injuria?

By Walter Olson, Ted Frank, and David Nieporent

Sean Dubowik is a Phoenix strip club owner who had the words "Hot Rod" tattooed to a most private (and sensitive) part of the male anatomy.

This feature was noted with some degree of amazement, although probably not by the type of person Dubowik intended. His gall bladder surgeon, one Sean Hansen, made the observation during surgery prep, and made use of his cell phone to record the artwork. He then showed it around the hospital a bit, resulting in one of the surgical staff (the one with the conscience) calling Dubowik.

Dubowik said he?d gotten the tattoo on a $1,000 bet.

?It was the most horrible thing I ever went though in my life,? Dubowik said. He said he chose Mayo Clinic for treatment because his mother had five surgeries there.

?They were supposedly the best of the best. I have no complaints about the medical care I was given,? he said. ?But now I feel violated, betrayed and disgusted.?

Query: can one who has his penis tattooed with "Hot Rod" on a $1,000 bet convince a jury -- any jury -- that he could be "violated, betrayed and disgusted"?
(AP, Dec. 17, 2007)

Full post as published by Overlawyered on February 27, 2008 (boomark / email).