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Topic: Donkey Kong Suit Actor sues Nintendo

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An actor who wore a Donkey Kong suit at a Nintendo event at the L.A. Zoo last year to celebrate the release of Donkey Kong Country Returns 3D has sued Nintendo, claiming that he was denied breaks and not provided with a required ice pack while with zoo visitors. His attorney said he suffered an aortic dissection and was forced to undergo surgery to implant a permanent heart defibrillator.

His lawsuit alleges that "the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

http://www.latimes.com/local/lanow/la-me-ln-donkey-kong-sues-...

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Tasuki

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

Edited on by Tasuki

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Aviator

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

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Tasuki

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

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TeeJay

Tasuki wrote:

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

By that logic companies can never be sued because if an employee acts up it's the employee's fault, not he company's.

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Tasuki

TeeJay wrote:

Tasuki wrote:

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

By that logic companies can never be sued because if an employee acts up it's the employee's fault, not he company's.

Exactly its called self responsibility.

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the_shpydar

Tasuki wrote:

TeeJay wrote:

Tasuki wrote:

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

By that logic companies can never be sued because if an employee acts up it's the employee's fault, not he company's.

Exactly its called self responsibility.

Honestly? That's not how reality works.
If a company's employee does something wrong in the performance of his duties, the company can be liable.
Do you really not understand this fundamentally basic concept?

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KeeperBvK

Tasuki wrote:

TeeJay wrote:

Tasuki wrote:

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

By that logic companies can never be sued because if an employee acts up it's the employee's fault, not he company's.

Exactly its called self responsibility.

Well, your avatar reads "the joker", so I sincerely hope you're joking.
It's the company's responsibility that it hires the right people, trains them right, assigns them to the right jobs, observes their work and ensures they're not suffering from the work their made to do. So if any of that fails, it's the company's fault.

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MasterWario

NintyMan wrote:

An actor who wore a Donkey Kong suit at a Nintendo event at the L.A. Zoo last year to celebrate the release of Donkey Kong Country Returns 3D has sued Nintendo, claiming that he was denied breaks and not provided with a required ice pack while with zoo visitors. His attorney said he suffered an aortic dissection and was forced to undergo surgery to implant a permanent heart defibrillator.

His lawsuit alleges that "the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

http://www.latimes.com/local/lanow/la-me-ln-donkey-kong-sues-...

Why did he not quit them? Seriously, its not as if he couldn't find another job where he could dress up as something.

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Aviator

He was an actor, this was a one day job. If he quit he wouldn't have gotten paid, and he would have suffered what he did.

@Tasuki Oh come on.

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It's like, I just love a cowboy
You know
I'm just like, I just, I know, it's bad
But I'm just like
Can I just like, hang off the back of your horse
And can you go a little faster?!

shaneoh

KeeperBvK wrote:

It's the company's responsibility that it hires the right people, trains them right, assigns them to the right jobs, observes their work and ensures they're not suffering from the work their made to do. So if any of that fails, it's the company's fault.

The actor had equal responsibility, if he was incapable of performing the task he should have said so, if he was suffering then he should have stopped work to take a break, get out of the suit and find the icepack himself. It's not just the company as a whole who has a duty of care, but the individuals who are working on behalf of said company. And it's a duty of care to themselves, not just other people and property. Is a days pay worth risking your health for?

But looking up aortic dissection it doesn't seem to be temperature related, it's mostly high blood pressure, trauma to the chest and the odd pre-existing medical conditions that are the cause. Hyperthermia results in low blood pressure... so figure that one out

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Socar

......... Did Nintendo pay him later on? Or was he just a fresher? I don't understand why he would sue them if it clearly states it isn't Nintendo's fault.

Also If he got sick, why didn't he threaten to quit? He could have easily gotten the attention of the icepacks if needed and eventually he would have been healthy.

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SkywardLink98

I have to say, if I were in the same situation I would be suing too. I'm not sure that Nintendo is the right one to sue, but if he had to undergo surgery because of damage done to him by his job, someone's going to lose a lot of money.

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Octane

Too bad overheating doesn't cause aortic dissection...

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MasterWario

Aviator wrote:

He was an actor, this was a one day job. If he quit he wouldn't have gotten paid, and he would have suffered what he did.

@Tasuki Oh come on.

If my physical well-being was at stake I'd QUIT, IMMEDIATELY. I'd NEVER continue on with a job if I'd have to get surgery because of it. Of course he probably didn't know that, but he must have known something for it to get that bad.

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Platypus101

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

Well, well, well... Yet another person who wants to sue the poor... What would the actor get from a minimum wage employee? Stop and think for one minute, who has deeper pockets? Nintendo or the Dude who has to work as a costume actor handler? Please. Just think. I know opening ones mouth and spewing forth what ever jumps into their minds at the drop of a hat is what the Internet is for, but come on. You're a gamer! We as gamers are intelligent... These kind of responses I expect on lame-o news sites. As for now t seeing a dime from Nintendo? Probably will get paid... Why? NINTENDO hired the supervisor. That's all there is to it. You can reply and scream and argue, but according to my brother (corporate law, 12 years now) that's all there is. You would be SHOCKED at what people claim lawsuits for now a days and WIN!

Platypus101

Platypus101

Artwark wrote:

......... Did Nintendo pay him later on? Or was he just a fresher? I don't understand why he would sue them if it clearly states it isn't Nintendo's fault.

Also If he got sick, why didn't he threaten to quit? He could have easily gotten the attention of the icepacks if needed and eventually he would have been healthy.

If he quit, Nintendo could have and more than likely taken legal action against him... Simple. I've done these his before, and you are required to sign off On forms that you will not ruin the image the company, including a non-disclosure form. Threatening to quit when you are required to sign a contract? Bad idea... Nothing good can come of it. Trust me. This is not like renting a costume for a kids party. Totally different.

Platypus101

Platypus101

Tasuki wrote:

TeeJay wrote:

Tasuki wrote:

Aviator wrote:

Tasuki wrote:

So if the ambassador who was hired to escort him failed to provide the proper oversight, why isn't he suing the ambassador and not Nintendo? I hardly see how this is Nintendo's fault. It's the Ambassador's. He probably wont see a dime from Nintendo which is how it should be.

If only you read the article.

"It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight."

I read it and I saw that Nintendo hired the guy but, if he failed to do the job how is that Nintendo's fault? I don't think when Nintendo hired the guy he said "oh by the way if you hire me I am not going to do the job right." How is Nintendo to know if the guy they hired is going to do the job right?

By that logic companies can never be sued because if an employee acts up it's the employee's fault, not he company's.

Exactly its called self responsibility.

Do you even have a job? LoL. If you make a mistake at work, let's say, IGN. IGN will not post that it was not their fault but the fault of employee X... They claim that there's a outage or whatever and deal with it internally. Also, it is Nintedos job as the employer to take care of their employees. You are at work. Personal responsibility really only comes into play when dealing with ones self. Here the Nintendo employee was acting on behalf of Nintendo.

Platypus101

Kaze_Memaryu

MasterWario wrote:

Aviator wrote:

He was an actor, this was a one day job. If he quit he wouldn't have gotten paid, and he would have suffered what he did.

@Tasuki Oh come on.

If my physical well-being was at stake I'd QUIT, IMMEDIATELY. I'd NEVER continue on with a job if I'd have to get surgery because of it. Of course he probably didn't know that, but he must have known something for it to get that bad.

I agree. There's always a certain amount of responsibility required, but that goes for the employer as well as the employee. That guy couldn't possibly claim he didn't feel bad if his work schedule brought him all the way to a surgery, so him ignoring his own condition is somewhat irresponsible, as well.

@Platypus101 Like the guy who sued Red Bull because he didn't grow wings? Yeah, logic or reason haven't been expected of anyone in court lately, it's embarrassing to be the same species as some of those examples of utter disregard.

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NintendoFan64

Kaze_Memaryu wrote:

MasterWario wrote:

Aviator wrote:

He was an actor, this was a one day job. If he quit he wouldn't have gotten paid, and he would have suffered what he did.

@Tasuki Oh come on.

If my physical well-being was at stake I'd QUIT, IMMEDIATELY. I'd NEVER continue on with a job if I'd have to get surgery because of it. Of course he probably didn't know that, but he must have known something for it to get that bad.

I agree. There's always a certain amount of responsibility required, but that goes for the employer as well as the employee. That guy couldn't possibly claim he didn't feel bad if his work schedule brought him all the way to a surgery, so him ignoring his own condition is somewhat irresponsible, as well.

@Platypus101 Like the guy who sued Red Bull because he didn't grow wings? Yeah, logic or reason haven't been expected of anyone in court lately, it's embarrassing to be the same species as some of those examples of utter disregard.

STILL dumbfounded over how that guy actually one.

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