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

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FILE - White Castle logo (credit: AP)

FILE – White Castle logo (credit: AP)

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…

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  • REAL TRUTH

    GREEDY, SWEATY, STINKING FAT BAST@RD.

    RUBBISH!

  • 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?

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