Before someone accuses us of playing this down, let me be out front and say that I find Judge Bork’s slip and fall suit against the Yale Club embarrassingly silly. The Wall Street Journal has the complaint. Judge Bork, speaking at the Yale Club, attempted to climb a raised dais that had no stairs or handrail; the 79-year-old failed to do so, and fell back, and hurt himself severely. I sympathize with Judge Bork’s serious injuries, but it’s beyond me what his lawyers are thinking in asking for punitive damages. And if any danger is open and obvious such that there is an assumption of the risk, surely the absence of stairs to reach a lectern on a dais is—especially if the dais is of the “unreasonable” height that the complaint alleges it to be.
(Bork used to be a fellow at AEI; and Walter and I have dined at the Yale Club.)
Update: Bloomberg has some relevant (and some not-so-relevant) quotes from Bork.
Update: More from David Bernstein. (The “Olson” quoted is Ted Olson, not Walter.)