National Legal Issues
DJ Sparks Biggest Candy Controversy
Since “You Put Peanut Butter in My Chocolate,”
“No, You put Chocolate in My Peanut Butter.”
Not-So Pithy Legal Quote
I never heard a finer piece of satire against lawyers, than that of astrologers; when they pretend by rule of art to foretell in what time a suit will end, and whether to the advantage of the plaintiff or defendant: thus making the matter depend entirely upon the influence of the stars, without the least regard to the merits of the cause.
Jonathan Swift
(1667-1745)
Jason Hamman, a disc jockey on WLTO in Lexington, Kentucky, who goes by the name “DJ Slick,” which does not refer to his hair or his style, announced on the air that he would give “100 Grand” to the tenth caller. He wrote on his DJ internet blog that he would present “his loyal listeners with a chance to win 100 GRAND!!!!! It’s sitting in a bag to my left ready for someone to take off with just like the Runaway Bride.” The tenth caller, he added, would be “100 Grand Richer.”
Norreasha Gill, a loyal listener with three children and another on the way and with no apparent sense of humor, was the tenth caller. DJ Slick told her she had won the “100 Grand” prize and told her to come to the radio station’s offices the next day to claim her prize. Upon her arrival, an executive of WLTO informed her that the “100 Grand” was a Nestle’s candy bar and that she would not receive $100,000, which, given her fecund nature, she presumably needed as a college fund for her growing brood.
The pressure of raising four children may have caused Ms. Gill not to get mad but to try to get even. She filed a complaint in circuit court alleging breach of contract and fraud. Gill v. Cumulus Media, Inc., No. 05-CI-2740 (Ky. Cir. Ct., Fayette County, June 22, 2005). She seeks–take a guess–$100,000 and punitive damages based on the alleged fraud. Meanwhile, DJ Slick has lost his job.