On October 10th, 2012, 32-year old Gary Walls went to the Delaware Surgical Center to get a colonoscopy. He claims in a lawsuit that after he woke up from anesthesia, he found he was wearing pink woman’s underwear.
“When the plaintiff recovered from the effects of the anesthesia administered by defendants, he awoke to realize that while he was unconscious pink women’s underwear had been placed on his body… When the plaintiff initially presented for his colonoscopy he had not been wearing pink women’s underwear and at no time did the plaintiff voluntarily, knowingly or intentionally place the pink women’s underwear upon himself.”
Walls is seeking damages for intentional infliction of emotional distress. The News Journal writes that the suit offers no other details and does not offer any possible explanations why someone at the surgical center would put pink underwear on Walls beyond a general intent to embarrass or harass him.
A local Dover attorney, Benjamin A. Schwartz who is not involved with the case was quoted by the Journal and who blogged about the case thought although it was an odd lawsuit, he said Wall’s lawyer was a credible one so the case should be taken seriously. But, he had some critcism
“The question I have is how (as a defendant) do you let this become a lawsuit?” said Schwartz. He noted that the suit was filed on Oct. 10, just before the two-year statute of limitations ran out so one could assume the plaintiff approached the defendants about resolving the matter before a suit was filed.
“How do you not settle this case and let it get out in the community?” Schwartz asked. “This is the type of thing that, if it is true, you want to settle it and get a confidentiality agreement.”