Ricks v. Apple's iPod nano Pedometer*:
258 Int.Barn. 3 (DCoLIB 2010)
SAM JUDGEGUY, J. gives the opinion of the court:
The defendant has moved for summary judgment and I am inclined to grant this request. As the plaintiff's only real accusation amounts to the common law tort of outrage, or intentional infliction of emotional distress, I find no possibility that a jury could reasonably determine that any outrageous harm of any extraordinary measure is found within the facts of the case at bar. While it is certainly regrettable that the pedometer device measured only 442 steps when the defense admitted that the average mile run as measured by a pedometer generally measures approximately 2000 steps, the failure of an electronic device to achieve its implied purpose is certainly a common experience for any who experiment with the cutting-edge of technology. Also, the plaintiff testified that the iPod device met his primary need in desiring to purchase the item, while the pedometer abilities (or lack thereof) were merely an afterthought as far as his desire to use the iPod nano. This does not amount to an outrage that no reasonable person should be expected to endure. Also, there is clearly no intentional infliction of emotional distress as I find any evidence of a malicious intent entirely wanting. I think the plaintiff should just chill out and try attaching the device to his shirt sleeve next time he runs. That might work.
Motion for summary judgment granted, with costs.
*Fake court case, duh!
About my econ test: Really, it wasn't horrible. I really don't know what to think about it though. I know I didn't nail it. It's so disconcerting when I can't just get whatever score I get, but rather my score will be adjusted for our harsh curve. All things considered, (including that there are many former econ majors in my class) I think I'll be ok with a B. (That's a new feeling.)