THANKSGIVING: A TIME TO GIVE THANKS...AND TO SUE?

I brake for holidays, so permit me a digression from the world of water law for Thanksgiving. What can the courts possibly say about "turkey day?"

A prison inmate once sued, alleging that the prison dietician violated his religious rights by including turkey in the turkey stuffing served at the Thanksgiving meal. The Court affirmed judgment for the dietician, noting that the prisoner "alleges that the turkey stuffing had turkey in it. Of course it did. If it did not have some part of the turkey in it, it would not be turkey stuffing. Milkshakes have milk. Egg noodles have eggs. Chili has chili powder." The Court concluded that the dietician was not being deceptive or intruding on the prisoner's religious freedom "by making turkey stuffing, putting turkey in it, calling it turkey stuffing and serving it to the prisoners." Thus, the stuffing case was snuffed. (Karmasu v. Hughes, 654 N.E.2d 179, Ohio App. 1995)

Another possible use for a turkey appears in litigation between two brothers involving a business dispute. According to the Court, when one of the brothers received a Thanksgiving turkey as an employee holiday bonus, he allegedly promptly hurled it toward his brother's head. Thankfully, he missed. (Broccoli v. Broccoli, 710 A.2d 669, R.I. 1998)

Growing up in my family, there always was stiff competition for the turkey wishbone...the Super Bone game, if you will. One year, after I successfully grabbed the bone, I set it aside for future use, instead of snapping it...much like a Monopoly "get out of jail free card" is saved for when need arises. Perhaps my concern was unnecessary. In a copyright infringement case, one Thanksgiving plaintiff came up with an idea for a mass produced breakable plastic wishbone. He kept the actual wishbone from his Thanksgiving turkey to use as a model for a prototype and later production. (Lucky Break Wishbone Corp. v. Sears, Roebuck & Co., 528 F.Supp.2d 1106, W>D> Wash. 2007)

I do not know whether wishes made on a plastic wishbone are more or less likely to be granted. I do not mind turkey giblets in my turkey stuffing. I have no plans to hurl at a relative a turkey like a football thrown during a Thanksgiving game.

However, one sure thing I can wish for, and be thankful for, is a tall glass of cool drinking water with my turkey dinner. Happy Thanksgiving!