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Man sues/goes 'crazy' after finding fly in water bottle

ENGINEERS WIFE

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OTTAWA - A man who claimed that he became depressed, anxious and phobic after finding a a dead fly in a bottle of water will no longer get the judgment he won against a bottling company, Canada's top court ruled Thursday.

Martin Mustapha will have to shell out thousands in court costs, instead of collecting the more than $345,000 he won in an Ontario court three years ago.

The Supreme Court of Canada agreed in a 9-0 judgment that Mustapha suffered real psychological harm, but Chief Justice Beverley McLachlin said his reaction was so "unusual or extreme" that bottling company Culligan of Canada Ltd., should not have to pay compensation.

McLachlin said the legal test for damages is whether a person of "ordinary fortitude" would suffer psychological harm. In Mustapha's case, she concluded, the reaction was so unique that Culligan could not reasonably have foreseen the consequences and should not be held liable.

Mustapha insisted that he had been treated unfairly and said finding the dead fly in an unopened bottle of water in 2001 devastated him. He became obsessed with thoughts of dead flies, could not sleep and was constantly on edge — to the point that his business and even his sex life suffered.

"I'm just the type of person that is very clean and cautious about the health and well-being of myself and my family," Mustapha said.

He was diagnosed by several doctors as suffering from severe depression, anxiety and phobias.



Ruined his sex life and his business suffered, PLEAASSEEE    ::)  This is right up there with suing McD's because you split your HOT coffee in your lap.  Stupid!!!! :rofl:

 
That guy should probably NOT be told the statistics on how many spiders you eat in your sleep every year.  ;D
 
ENGINEERS WIFE said:
OTTAWA - A man who claimed that he became depressed, anxious and phobic after finding a a dead fly in a bottle of water will no longer get the judgment he won against a bottling company, Canada's top court ruled Thursday.

Martin Mustapha will have to shell out thousands in court costs, instead of collecting the more than $345,000 he won in an Ontario court three years ago.

The Supreme Court of Canada agreed in a 9-0 judgment that Mustapha suffered real psychological harm, but Chief Justice Beverley McLachlin said his reaction was so "unusual or extreme" that bottling company Culligan of Canada Ltd., should not have to pay compensation.

McLachlin said the legal test for damages is whether a person of "ordinary fortitude" would suffer psychological harm. In Mustapha's case, she concluded, the reaction was so unique that Culligan could not reasonably have foreseen the consequences and should not be held liable.

Mustapha insisted that he had been treated unfairly and said finding the dead fly in an unopened bottle of water in 2001 devastated him. He became obsessed with thoughts of dead flies, could not sleep and was constantly on edge — to the point that his business and even his sex life suffered.

"I'm just the type of person that is very clean and cautious about the health and well-being of myself and my family," Mustapha said.

He was diagnosed by several doctors as suffering from severe depression, anxiety and phobias.

Ruined his sexlife, all over a dead fly.  ::) Ya, right!

poor baby. Suck it up pal!!

What would he have done if he found a pubic hair in a jar of mayonase?

Some people are truly spinless and hopelessly ghey.

Hey, it could have turned into a chronic phycho-social dirty compulsive masterbator, then what?  ;D

Sounds like a real winner out for some extra cash (looks like it may have backfired on him), milking the laws which we made to protect ourselves, and using them against us. Waste of rations and a bottle of water, w/fly.
 
Okay, MedTechStudent, I'll bite, how many spiders would he have eaten in his sleep?  I don't think I want to know, but I'll ask anyway :P

Panzer Grenadier, maybe the fly should sue for having HIS flyrights violated,  now he was definitely wronged ;D
 
ENGINEERS WIFE said:
Panzer Grenadier, maybe the fly should sue for having HIS flyrights violated,  now he was definitely wronged ;D

Don't get too excited over it -- Mr Fly named me his beneficiary; the poor little assless chap.  :)
 
Hmm, about eating spiders in your sleep, I think the yearly average was 7.  I could be mistaken but for some reason thats what came to mind the moment I saw it.
 
Oh its just an old myth that you eat something like 10 spiders in your sleep in a lifetime.  In actuality according to most Q&A sites its more like 1 or 2 if your lucky lol.  You eat lots more bugs off fruit and other foods you consume in your life. 

Apparently this guy does not know that, or else he would probably had a psychotic episode by now.  ;D
 
Ah, I had thought I was getting more protein then usual with that salad  >:D mm bugalicious!
 
ArmyVern, just curious as what you could of possible have done to be Mr. Fly's beneficiary?    ;)

7-10 spiders, eh?  Great :o  And I don't want to know what other kind of insects we injest without knowing :P
 
Dolphado said:
Hmm, about eating spiders in your sleep, I think the yearly average was 7.  I could be mistaken but for some reason thats what came to mind the moment I saw it.

Try sleeping on the ground in this gawdless unforgiving place. its crawling literally at night. bugs, huge biting stinging ants, freaky huge unidentified ugly hissing beetles, centipedes, milipedes, which spit poison and sting just for the fun of it. Most things with eight legs are venomous, some deadly :)

However, I love these heathanistic mini-beasts, and when I catch one in my house (spiders the size of the palm of your hand, some bigger, I use a tupperware container, and a sheet of writing paper, then let them go outside to happily eat/bite something else. Good spider karma, and this coming from a guy who has been hospitalised twice in the past 11 yrs with spider bites.

I don't want to know what crawls into my mouth at night, but here its guaranteed  ;D
 
ENGINEERS WIFE said:
 And I don't want to know what other kind of insects we injest without knowing :P

Well, be sure to spin those lettuce leaves properly and you won't have to find out  :P  
 
My stepdad breeds snakes.  Pythons to be specific, we have over 400 of them in my house.  So needless to say I've grown pretty passive around snakes and other reptiles/ insects/ horrifying werewolves.  ;D
 
I don't want to know what crawls into my mouth at night, but here its guaranteed.

:rofl:

Wes  Now, that just sounds wrong on many levels, but, I think I know what you mean ;D  
Hopefully whatever it is crawls back out ;D
 
You probably eat more multi legged protein at the Saturday afternoon barbecue than this guy would have got from a fly.
 
Crap, I breathe in more than 7 blackflies around this friggin' swamp every Monday, Wed, and Friday on our ruckmarchs.

Spiders though ... shiver.
 
It's the no 3 story email in the BBC web site at the moment.
 
For Gods sake don't anyone tell this guy the allowable amount of entrails and excrement in a hot dog, he'll eat a bullet....On second thought.... >:D
 
Kat Stevens said:
For Gods sake don't anyone tell this guy the allowable amount of entrails and excrement in a hot dog, he'll eat a bullet....On second thought.... >:D

Gee Kat, maybe it was your company that provided the water in the first place...... ;D
 
I don't provide the water, i provide the equipment to get the water into the bottle.  Most Culligan stores still hand fill, not automated like my machines.  Quality control ain't my problem.... ;D
 
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