Jason of Dystopia wrote:The Big, Green Litigation Machine
He's fun & frantic & beloved - and may be the most sued mascot in the majors
THE PHILLIE PHANATIC may soon find himself in court - and not just over a stolen base.
The Phanatic has been sued in Philadelphia Civil Court by a 75-year-old woman who claims that he injured her knees when he climbed through the stands at a 2008 Reading Phillies minor league game.
Even the woman's attorney, John Speicher, of Wyomissing, said that people around him have said that "this is like suing Santa Claus."
"I'm expecting him to come to a deposition, stick his stomach and his tongue out at me and not say anything," Speicher said.
The Phanatic is no stranger to lawsuits. In a study published in the May 2002 Cardozo Law Review, Bob Jarvis, professor of sports law at Nova Southeastern University, in Fort Lauderdale, Fla., said that the Phanatic holds the "dubious record as the most-sued mascot in the majors."
In her case, Grace Crass, of Wernersville, claims that she was at the Reading game with her church group when the massive, green, bird-anteater hybrid climbed through the stands and onto her legs, Speicher said.
"Not only was the pain immediate, she started yelling at him," Speicher said.
Crass claims that her arthritis, which had been asymptomatic, kicked into full gear.
"It set off the arthritic process, and in fairly short order she needed a lot of medical treatment," Speicher said. "Ultimately, she needed to get knee replacements."
Crass is seeking in excess of $50,000 in damages from several defendants including Tom Burgoyne, who plays the Phanatic, the Philadelphia Phillies and the Reading Phillies.
Phillies spokeswoman Bonnie Clark said that both the team and Burgoyne declined to comment on pending litigation. She did question Jarvis' characterization of the Phanatic as the "most-sued mascot in the majors," and said that he's been sued only twice in the last decade.
Daily News records show, though, that the Phanatic was sued at least three times in the decade before that, including once for hugging someone too hard.
Jarvis said that there are several reasons why the Phanatic may be prone to lawsuits, including his longevity. "He's been around so long and performed so many times, he gets sued more than a mascot that's more recent," he said.
The construction of the bulky body of the Galapagos native may also play a factor, he said.
"It's very ungainly, not like some mascots where the person in the suit has a lot of control," he said.
The Phanatic's personality could be another piece of the puzzle.
Some lawyers are desperate, I guess. Most I've ever known, however, have had no trouble turning down cases that would probably be laughed out of court. Since these cases are almost always taken on a contingency basis, lawyers have every incentive to take cases that they are likely to win in court, or they will lose a lot of time for nothing. That is to say, suits where the jury can clearly see what's just in the matter. Granted there are plenty of nuisance suits filed by lawyers looking for a small settlement in the $5-10K range. But this is not a problem causing American businesses to lose significant amounts of money, or one that cries out for "reform."
