Monday, January 03, 2005

Defending the Rights of the Fictional

Here's an old chesnut I dug up, and figured I'd share with everyone anew.

UNITED STATES FEDERAL COURT
SECOND CIRCUIT, SOUTHERN DISTRICT
--------------------------------------------------------------------x
In the Matter of
RALPH DIBNY,
Plaintiff,
Index No.:

COMPLAINT
-against-
DC COMICS,
Defendant.
----------------------------------------------------------------------x
PRELIMINARY STATEMENT
1. Plaintiff RALPH DIBNY brings a claim of wrongful death against Defendant, DC COMICS

2. Plaintiff RALPH DIBNY bring a claim of intentional infliction of emotional distress against DC COMICS.

PARTIES AND VENUE

3. Plaintiff RALPH DIBNY, “Mr. Dibny,” resides at 1960 Broome Street, Opal City, (US State other than New York).

4. Upon information and belief, Defendant, DC COMICS, “DC,” has a place of business at 700 Broadway, New York, New York 10019.

5. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. 1332, in that this case presents a controversy between citizens of different states in which the amount in controversy exceeds Seventy-Five Thousand Dollars ($75,000.00). Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1391(a)(2) & (3). This Court has personal jurisdiction over the defendants under the New York State Long Arm Statute, Sections 302(a)(1) and 302(a)(3)(i) of the CPLR.

FACTS RELATED TO MR. DIBNY’S CASE

6. DC published a comic book on June 9, 2004 titled Identity Crisis #1. In the comic book, Susan Dibny, wife of Mr. Dibny, is brutally murdered, while carrying Ralph’s unborn child (the fact that his wife was pregnant was unbeknownst to Mr. Dibny). The purpose of the murder of Mr. Dibny’s wife was to kick off a significant comic book event for DC.

7. In the second issue of Identity Crisis, DC retroactively established that years earlier, Susan Dibny had been raped by a costumed super villain. This was to provide motive for other DC characters to effectively lobotimize the rapist.

CLAIMS FOR RELIEF

8. Plaintiff RALPH DIBNY’s claim of the wrongful death of the decedent, Susan Dibny, is based upon the fact that the death was caused, in whole or part, by the conduct of defendant, DC COMICS, in that the the defendant was strictly liable for victim's death, and Mr. Dibny is the surviving spouse who has suffered pain and suffering and mental anguish as a result of her death.

9. Wherefore, plaintiff RALPH DIBNY demands judgment against defendant, jointly and severally, in the form of damages in the amount of Three Million Dollars ($3,000,000.00) in compensatory damages, and in the form of an award to plaintiff RALPH DIBNY of his costs in this action and such further relief as justice requires.

10. The acts of defendant, DC COMICS resulting in the wrongful death of joint plaintiff, RALPH DIBNY’S, spouse, Susan Dibny, in addition to the retroactive rape of Susan Dibny, constituted extreme and outrageous conduct. As a direct and proximate result of the acts and omissions of defendants, plaintiff, RALPH DIBNY suffered severe emotional distress, including but not limited to headaches, nervousness, anxiety and mental distress.

11. Wherefore, plaintiff RALPH DIBNY demand judgment against defendant, DC COMICS, jointly and severally, in the form of damages in the amount of Two Million Dollars ($2,000,000.00) in compensatory damages; and in the form of an award to plaintiff RALPH DIBNY of their costs in this action and such further relief as justice requires.

RELIEF

WHEREFORE, Plaintiffs demands judgment on Claim One and Claim Two as stated with such other and further relief as the Court deems just and proper, including an award to plaintiff of any and all reasonable attorneys fees, together with the costs and disbursements incurred in connection with this action.


DATED: New York, New York
January 3, 2005


Yours,
Brian Cronin
Comics Should Be Good
Counsel for Plaintiffs

6 Comments:

Blogger Joe Rice said...

Brian, if you're the lawyer, can I be the shady private investigator?

1/04/2005 07:13:00 AM  
Blogger Lex said...

Won't this trial be a waste of tax dollars? I mean, Sue will probably be brought back to life in a few years.

1/04/2005 01:11:00 PM  
Blogger Brad Curran said...

Didn't you do one of these for Hank Pym, too?

1/04/2005 08:19:00 PM  
Blogger Brian Cronin said...

Lex, I think any resurrection of Sue would only BOLSTER the emotional stress claim.

Putting Ralph through the distress for something that isn't even going to be permanent?

1/05/2005 02:30:00 AM  
Blogger Brian Cronin said...

Brad, yeah, it was initially a joint complaint...but the Hank Pym stuff just seemed lamer, and less au curant.

1/05/2005 03:38:00 AM  
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