Martin Kessman Sues White Castle, Says Booths Are Too Small At Nanuet Restaurant

NANUET, NY (CBSNewYork) — An Airmont man is suing White Castle because he says booths at the company’s Nanuet restaurant are too small for his 290-pound frame.

Martin Kessman filed a federal lawsuit in the U.S. District Court in Manhattan last week saying he was embarrassed when he tried to sit down at the restaurant back in 2009.

He claims he slammed his knee while trying to squeeze in to one of the booths, causing him pain.

Kessman also claims White Castle could not accommodate a customer of his size, which he says is a violation of the Americans With Disabilities Act.

The Journal News reported that the lawsuit said Kessman received three patronizing letters from the fast-food chain after he complained about the seating.

White Castle’s spokesman Jamie Richardson said upgrades are in the works at the Nanuet restaurant and that the new one will have more spacious seating.

What do you think? Sound off below in our comments section…




  • Darius

    Hey, Martin Kessman! What are you doing going to restaurants? If I am too heavy and cannot fit into the chair or the booth I would be on a treadmill getting myself some exercise!

  • David Ruffin

    Many, many years ago, in a college business law class, a professor (attorney) said (while shooting down the absurdity of one student’s argument/point)…..”can the short man sue the city for making the sidewalks too close to him”? I never forgot that, and it is a perfect analogy here. Tell that fat slob to take his fat butt to Weight Watchers!!

  • 2gruesome2b

    was there not, when america still was a sane nation, an axiom that the law did not concern itself with trifles? this prevented frivolous suits, with all the time lost and expense incurred. unfortunately, when trial lawyers became a mainstay of the democratic party, this concept was jettisoned, and what we have today is madness.
    if a justice could find it within himself or herself to toss this case out on this basis, america would be taking one small step back to legal sanity.

  • O J Simpson

    Ship his fat ass off to siberia plenty of room there!

  • DCLaw-1

    The only thing more offensive than a guy suing White Castle, of all places, because he is too fat to fit confortably in a booth, is the parasitic, bottom feeding ATLA lawyers that make these suits possible. There is no shame left in our legal system, at least where there is a possible quick settlement. Should suits like this move forward with success, prices at White Castle go up, may be that some workers get laid-off, and people who have self control and personal responsibility will pay for the 1/3 lawyers fees, and the awards to the lazy and stupid

  • Danny

    This is a joke. There is no way the courts should even waste time on this. Suing a place because he doesn’t fit into a seat, come on. Suing for money is like a job now. Don’t want to work, find someone to sue.

  • Alan

    White Castles are small burgers, how many did this ELEPHANT eat to get so FAT? Does he order them by the sack, I suspect he orders by the KILO.
    Eat a salad or join a GYM.

  • bullett

    I don’t know the White Castle that Mr. Kessman patronizes, but I do know that some White Castle’s have tables & chairs. If Mr. Kessman cannot find a White Castle with table & chairs, I would then suggest that he lose weight and/or find a park bench to devour his food. As for me, if I were the pre trial judge reviewing this so called lawsuit, I’d dismiss the case as frivolous and save taxpayer dollars

  • Surfin Bird

    very ridiculous that the courts are allowing this

  • jaybird

    Just like others have said. He is embarrassed for not fitting into a booth at White Castle? Perhaps he should be embarrassed for eating at White Castle when weighing 290 pounds

    • dude

      I agree,he shouldnt even be eating at white castle.

  • Joel

    I suppose when he dies from a massive stroke or heart attack his family will sue White Castle for feeding him.

  • HateLazy

    What a low light, I hope I sit on that jury.

  • Sp4

    How about take-out?

    We’ve become a nation that, rather than learning a profession or a trade, its citizens seek to make easy money by suing. The world is passing us by.

  • 1Outrageous1

    Being fat is not a disability under the Americans With Disabilities Act. The guy’s lawyer knows that they won’t win in court, but he suspects that White Castle won’t want to go to the trouble and expense to fight this in court. They’ll pay him off, the lawyer will make a lot of money out of it, and the guy will be back at White Castle the next day. I’m just puzzled why, if this happened in 2009, did he take so long to come up with a reason to sue?

  • purplelady

    If you can’t fit into the seats at White Castle, you probably shouldn’t be eating there!

  • stevie

    thats funny, i thought white castle makes you go poo poo and lose weight??

  • mshap

    he should find a restaurant with a salad bar and tables instead of booths

  • me

    fat ass

  • iggy

    there is a picture of him at a table. he fits. a little tightly maybe, but he fits. disability my a**. his parents must be proud of him. if they didn’t disown him by now.

  • iggy

    the judge should just throw this out. this is the old “i’m too fat to fit at the table so i’m going to sue. trick.”

  • GEORGE Scott

    Maybe he should use takeout and there wouldn’t be a problem. What does he do with the airlines ?? Do they put him in the cargo hold ??

  • joe romano

    Thanks to you fatboy White Castle will probably have to raise their prices to cover the cost of renovation of the booths to accommodate your big butt.

  • yknipp

    Maybe he will drop dead before he ever gets paid!


    sad very sad………

  • Bklyn mom

    Totally pathetic and frivolous lawsuit. I hope they don’t even entertain it, but sadly he will probably get money so he can buy more junk food!

  • bOOgert

    How about trying to fit onto a treadmill instead? You’ve obviously had too many sliders already. You’re a joke and should feel embarassed.

  • mike

    Are you kidding me. Instead of wasting tax payer dollars with your stupid lawsuit. Put down the slitger burger and join a gym. What you expect the world to bend over backwards for you because you can’t stop eating junk food. The judge should laugh you right out of his court. Also what about people who are not large, are we suppose to sit four feet away from the table because now its set up for a large person. GUESS I’LL HAVET O SUE TO MAKE THE TABLES SMALLER.

    • Frank D

      Who is the sleaze ball lawyer running this one? I guess he too is too fat to chase ambulances? LOL

      • Frank Law

        Sleaze ball lawyer is redundant, of course.

  • bily320

    I am 256, got a bit of a beer bellie, I always sit at a table or I JUST TAKE IT HOME

  • Joint statement by FAT Albert & Homer

    It’s my right to get blubberized! Who are they to try to sublim….to subel…to have modestly spaced chairs when I want to sit and advertise what happens to regular abusers….err…customers?

    Fat is where it’s at. (Bun …er PUN intended)

  • Fat Then Fit Now

    Please, I was there at one point in my life, I didn’t expect the world to change for me

  • NYer in NJ

    Maybe he should just get the clue…
    Now if they upgrade the seats and he fits in, he will file the next lawsuit: they made him fat(ter)!

    • Frank Law

      290 pounds would make a lot of small hamburgers. Maybe White Castle should hire the guy for a day.

  • Bill K

    Maybe if he stopped eating White Castle junk food he wouldn’t have such an obesity problem.

  • Gov. George Christie

    MTA buses should modify the seats too. Also the airlines and Amttrak trains.

    • Bklyn mom

      George Christie? Really? LOL!


    Murder burgers = wipe hassle

  • Natali Wind

    Being fat is not a disability. I’m really fat and even I know that!

  • cecelia

    To tell you the truth some eating establishments make it even hard for a person of normal weight to fit in a comfortable way. I beleive they see it as the more seats and tables they can squeeze in the more $$$$$$$$ they will get.

    • Marven

      …wouldn’t that defeat the purpose?

    • Domelia Newton

      Cecelia, you hit it right on the nose.

    • jtorres

      Of course they do but that’s not the point here. He’s claiming his weight is a disability and they are discriminating against him. He’s completely wrong. They don’t have to cater to accomodate every person, just the general public. If it were me, I’d be so mortified at the fact that I didn’t fit in the seats, I’d keep my fat mouth shut and go on a diet. I wouldn’t want to subject myself to further humiliation by broadcasting it.

  • Leesh

    Well put Weedler!

  • Peter

    I think the judge should get a good laugh out of this one !!!!! At 290 lbs I am sure he would fit well in a Mini Cooper !!!!

    • angry

      Yeah, at the taxpayers expense!

    • vat33

      Mini Cooper will be his next lawsuit followed by Fiat

    • DCLaw-1

      What if he cant fit on the witness stand at trial??

  • Weedler

    Maybe someone at 290 pounds should not be eating at White Castle in the first place? Just a thought……

blog comments powered by Disqus
Charles Osgood Event

Listen Live