Trainer Mike Torchia Sues Nintendo Over Wii Fit

**MartyMcFly** · 02-13-2009, 02:18 AM

Originally Posted by Gaoshang Xiongshou

I fail to understand how anyone hurts themselves playing anything on the Wii.

But then again, not everyone just goes for retro gaming on the Wii like I do. I do not have to swing or move anything except my thumbs.

That's me too bro, good 'ol classics.

**militantmuscle** · 02-13-2009, 02:24 AM

Originally Posted by John Romano

How is torchia going to prove damages? He is going to get the settlement while those allegedly harmed get nothing? I don't think so. This law suit is going no where.

Good question, that I'm not sure of John, I don't know the details of the case... who knows? I only have an intermediate knowledge of government regulation and antitrust, and not law. The way I suspect Torchia might explore is to gather those allegedly harmed to be a part of his plot, provide statements, possibly cite incidents of misuse or damages inflicted. He mentions users injuring themselves:

[It seems that up to ten people a week are being hospitalized with injuries caused by playing Nintendo Wii games, prompting doctors in Britain to issue warnings of the dangers associated with the Wii video game system. "Most patients are admitted after playing tennis or running games which involve sudden movements, resulting in tendon stretching or tearing"says, Dr. Dev Mukerjee of Broomfield Hospital, Essex.]

In this situation, depending on how far the case proceeds through the appeals court, Nintendo has to analyze the potential costs of going to court, and the payoffs and losses that can occur should Torchia in the smallest possibility win the case. Depending on who his lawyers are, they can also draw out the case (to define damages, that sort of thing) so that it becomes a liability for Nintendo, and they will settle out of court privately just to shut him up and keep up their lucrative scam of intentionally limiting supply of their console to the North American market to create an artificial demand for their product.

Unfortunately, it's not about right or wrong or motive, but the process. Can Torchia make it through the process, and how?

**Caddan** · 02-13-2009, 02:39 AM

Originally Posted by John Romano

How is torchia going to prove damages? He is going to get the settlement while those allegedly harmed get nothing? I don't think so. This law suit is going no where.

Exactly!
Ridiculous!

**David** · 02-13-2009, 02:59 AM

Originally Posted by John Romano

How is torchia going to prove damages? He is going to get the settlement while those allegedly harmed get nothing? I don't think so. This law suit is going no where.

That's why it will become a class action law suit.

Personally I was swinging a Wii controller when I accidentally knocked over a glass sculpture. The sculpture broke, I stepped on glass and now the glass is embedded in my foot, preventing me from walking without pain. I'm now wheelchair bound and there's a deadly fungus growing in my foot because of the cut.....

Trust me, it's happened to someone.

**Dee** · 02-13-2009, 04:12 AM

im pretty sure a huge, successful corp like nintendo didntly blindly make WiiFit.....they obviously had some experts, fitness experts, involved in making the game....for everything this guy will say in court, there will be someone to say something to counteract that......going no where

**-BLP-** · 02-13-2009, 04:56 AM

wii is fun, try a boxing match , men it physically demanding

**Theobeselifter** · 02-13-2009, 06:37 AM

That guy is full of shit, he needs to find another way to make money. Might I suggest private posing sessions with Steve Blechman.

**Theobeselifter** · 02-13-2009, 06:39 AM

Originally Posted by ELITE316

You guys laugh, but he will probably get a settlement. U.S. government regulation dictates that any private cases brought against a firm in antitrust law entitles the plaintiff treble damages, that's three times whatever the perceived damage is. Whether or not he wins, there is bad publicity, plus it will be in the firm's best interest to settle, even if there is the merest possibility the plaintiff could actually win.

He is going to get 3 times Zero, or get countered sued by nintendo for bullshit. I"m quite sure Nintendo's Multi Million dollar team of lawyers will defuse this 50 dollar a month idiot and whomever he hires to represent his case.

**fchris1** · 02-13-2009, 07:46 AM

this is obviously a publicity stunt for his failing personal training business or other variant business IE - supplement store or something, just to get some free pub out of the deal

**-Z-** · 02-13-2009, 07:59 AM

Why be against something that is helping america get moving?

**Skeptic** · 02-13-2009, 08:48 AM

My 17 year old son plays Rockband and he can ALSO play Beethoven's pathetique piano sonata 1st and 2nd movements on the piano (our particular piano is a 6' Young Chang Prammburger grand).

SO THERE. If Wii fit ruins your fitness then why doesn't Rockband ruin your musicness? Ehh? Ehh? Ehh?

HAH! I've run circles around Torchia with my logic....

**GirlyMuscle** · 02-13-2009, 08:55 AM

Originally Posted by sassy69

Wii Have a Problem

*giggle*

If anyone gets hurt doing Wii fitness it's because they are drinking at the same time. Every adult I know who plays that thing does so drunk. I'd be willing to bet if we gave one to Foreman he'd play it instead of making gimmicks over and over.