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Legal Commentary
: PrawfsDamages for Loss of Stormtrooping
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
It must be the season for imperial stormtrooper-related litigation. On the boot-heels of the copyright dispute over the Stormtrooper uniform, an Illinois jury has apparently awarded hedonic damages to a plaintiff who claimed an auto accident cost him his ability to march with his fellow Stormtroopers.
The plaintiff in Pekin v. Parise, Case No. 06L-2287 (tried in Cook County Law Division Feb. 5-6, 2008), claimed that the defendant had run a red light and T-boned his vehicle. As a result, the plaintiff suffered a right tibial plateau fracture, which led to appx. $10K in medical expenses and raised a 15-20% possibility that the plaintiff would need a knee replacement in twenty years. According to the Jury Verdict Report, Plaintiff,
an avid "Star Wars" fan, claimed loss of normal life for his inability to "Troop" as vigorously as he had in the past, including inability to march as a "Star Wars" Stormtrooper in the Rose Bowl . . . .
Plaintiff was awarded $119,672.
Full post as published by Prawfs on April 20, 2008 (boomark / email).
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