Lawsuit: White Castle violating civil rights of the fat

The civil rights of the rotund are being violated daily at a White Castle restaurant in upstate New York, says a stockbroker who’s well-fed up with not being able to squeeze his 290-pound frame into the svelte-sized tables.

I'll gladly sue you Tuesday for a free hamburger today. (from New York Post)

I'll gladly sue you Tuesday for a free hamburger today. (from New York Post)

Martin Kessman, 64, is suing the fast-food chain for chairs that can be moved a belly-distance from the tables and unspecified damages.

“I just want to sit down like a normal person,” Kessman said in a New York Post article.

Kessman says he’s complained about the lack of proper seating for creatures of his girth for more than two years, but all he’s gotten for his trouble is coupons for free hamburgers.

“Cheese was extra,” complained Kessman in the lawsuit filed in federal court.

Kessman, a fan of the No. 2 combo, says he’s suffered physical and emotional pain from his ordeal. His knee was injured from repeatedly slamming it into the unyielding steel table supports at the eatery. And the lack of proper seating has made him feel “like an outcast.”

Instead of filing a lawsuit, Kessman could have approached a store manager and asked for a regular chair, said White Castle spokeswoman Jamie Richardson, according to the New York Post.

86 comments Add your comment

Old Geezer

September 12th, 2011
6:07 pm

The extreme lard butts should learn to sit in their SUV’s and eat their food in the parking lot like all the other fatty-fat-fatties do instead of trying to shove their corpulence into a chair. What makes this 2-tons-of-fun better than any other chunkster?


September 12th, 2011
6:16 pm

He has the right to eat anywhere else he wants. I feel as though he’s just suing to get money from this company


September 12th, 2011
6:29 pm

Martin Kessman, you sir, are a total waste of space. There, I said it. You’re suing them because you are too lazy to go exercise off your #2 combo and whatever else your obviously crappy diet involves. The fact that you are no longer able to sit comfortably in their booths, should mean that YOU, that’s right YOU, have let it go TOO FAR and are now TOO FAT. White Castle didn’t hold a gun to your head and make you eat their food, they didn’t make you not exercise and eat right otherwise, and they certainly didn’t make you sit there and be uncomfortable -you could have stuffed your fat face in the parking lot. You did ALL that to yourself. If I were a judge, I’d say you lose the case & are sentenced to 10 hours per week of physical community service -to get your health under control and for wasting the court’s time.

And disclaimer: I say this as someone who has been working my buns off for the past 2 years and choosing to no longer be overweight. **20 more pounds to go**


September 12th, 2011
6:30 pm

Excellent. This guy will get his day in court. I predict he will win his “unspecified” damages. The lawyers (paragons of virtue, not at all motivated by money) will reap huge awards. This man should be on a treadmill, not eating in a fast food restaurant. We are a nation that is getting fatter and fatter, and the next generation is even worse. We can sue anyone for anything in this country. Do you know why there are no jobs in America anymore? Its because of the lawyers, nobody in their right mind would start a business and risk a “slip and fall” injury and the potential for a big payoff. What we need to do is start a federal program to force every high school senior to go to law school for the next ten years. I would like to see at least 10 million more lawyers produced in the next ten years. Maybe, just maybe, they will over-populate and devour each other like rats do when they over populate. This country is on a downward spiral. John Adams said “one useless man is a shame, two useless men are a law firm, and three useless men are a congress.” That was in the 1770’s how right he was!!!


September 12th, 2011
6:45 pm

There is no way this man should win this lawsuit. He can’t fit into the booths because he chose to pig out on White Castle’s #2 Combo. His choice. Like someone posted earlier,WC didn’t put a gun to his head and make him eat all those @2 Combos and all the other crap he’s been eating to approach nearly 300 pounds. As one article puts it: this is a frivolous lawsuit.


September 12th, 2011
7:00 pm

Ain’t that a “b ….. urger”.


September 12th, 2011
7:23 pm

An obese 64 year old eating belly bombers…. he’ll be dead before this suit gets anywhere. WC should just delay and give him free cheese. Oh, and he is a stock broker?! A low stress job that. They won’t have to delay long.


September 12th, 2011
7:40 pm

“I just want to sit down like a normal person,” Kessman said in a New York Post article.”

We laugh, but White Castle will probably settle with the guy out of court just to make this go away. What a joke, it’s no wonder so many Americans are giving up on America.


September 12th, 2011
9:16 pm

Martin Kessman, you got to be kidding!!!! You should be embarrased having your huge frame plastered all over the media with your immature attempt to sue a resturant for not adjusting their seating to your growing waistline. YOU allowed your gut expansion with the free hamburger coupons White Castle was providing for you the past two years.
Public table and chairs should not be your personal parking space. We can agree that economic times are hard but your idea of finding extra income is not a sound example. So, what’s next, who’s next on your list to sue? New York for not providing larger sidewalks or maybe maybe White Castle, again for not including free cheese on your burger coupons.
Marty, I really hope you read these posts!


September 12th, 2011
9:54 pm

I should sue him for having to look at his “public nuisance” fat ass!


September 12th, 2011
9:56 pm

Hey George– are you sure this is not some kind of gag? Story just doesn’t seem to pass the smell test. And Randallg– you really need to stay on your meds.


September 12th, 2011
11:18 pm

Try a can of spinich Marty, no one made you obese. White Castle should sue you for fugly!

Anonny Moose

September 12th, 2011
11:49 pm

There are various solutions and observations on the matter, Mr. Kessman.
1. The easy one- eat somewhere else. Nobody forced you to eat where you a HAVE MADE YOURSELF uncomfortable. Not an excuse to extract money to get fatter with.
2. The smarter one – do something intelligent and less self serving about the weight, like diet, exercise, or eat smarter – which again means somewhere else.
3. The seating didn’t make you an outcast, Mr. Kessman, YOU did. You have no blame shifting excuse for an easy money lawsuit. You and not White Castle are causing your emotional pain.
4. If you want to sit like a “normal” person, you will need to become a normal person, not two crammed into one baggy jiggle-body. Not being one, you have no right to complain and make a disgusting spectacle of yourself – it’s the people around you that are being distressed. If after two years of slamming your knee into the stanchion you have not been capable of learning to not do that, perhaps too much fat has also deposited around your brain, putting too much pressure on that, as well. A pretty good sign you should do the smarter thing about your self-condition. Or accept that chair the manager could have lent you to overstress – did you even ask before going for the easy money?
5. White Castle may not be health food, but they do not owe you anything, particularly not cheese. Bring it yourself or just show up – you’re cheesy enough on your own.

Fit for life

September 13th, 2011
2:27 am

This is really a sad state of affairs and it is becoming more prevelant and easier to get a win out of a jury and judge. We Americans are compassionate people and the ones who have it figured out about fitness and health and what works, and are willing to be disciplined and consistent really have a hard time with a whiner like Martin. He could get some monetary award from a passionate judge and jury ( maybe then he will buy his own special seat and have a lifetime of No. 2’s which at his age and his associated risk factors might not be much of an award for him. Hope his heirs like the burgers. Steps need to be taken like forcing people to have dicipline,drive,self control (with there health decisions at home and with dealing with healthcare professionals) and their has to be strong motivators to change. At this point obesity is a national epidemic and will take us all down unless we get a handle on it. Tom Brokaw wrote about the greatest generation and it is not us! Look back at the pictures and history. They were athletic, healthy, normal sized and self sufficient and there were alot less lawyers back then.

Shelly SMith

September 13th, 2011
7:52 am

This Martin Kessman is slouching in the chair and making his gut stick out and having his arm blocking the space between his back and the bench chair so you cannot see. What a lazy pig, I agree with making him lose his case and send him to a fat camp. Again no one makes anyone put the food in their mouth and eat until he can’t even wear his clothes any longer.

Shelly SMith

September 13th, 2011
8:00 am

Another thing Kessman , I did a report in college about seating in restaurants and there are tables with regular chairs, and also handicap accessible tables there that he could use. So wah wah wah, grow up and accept responsibility for your actions. Any Judge who caves in and pays this money grubbing crook should be disbarred. There and are corner booths and such. Still if you look at this photo, the man is sticking his gut out and blocking the back of the booth with his arm so you cannot see that he has room .

Frank N Stein

September 13th, 2011
8:02 am

I think for fat guys like that their health insurance premiums should increase because of their negligent lifestyle. Either that or insurance comapnies should be allowed to simply drop them. Why does my health insurance premium get his liabilities rolled up into what I pay? Hmm maybe I should sue him for making the cost of health care go up?


September 13th, 2011
8:45 am

@Blondie very well said.
Sort of stole words out of my mouth.
He is only trying to get money, easy money…..


September 13th, 2011
10:42 am

Maybe we should all sue this guy in a Class ‘A’ action lawsuit.

lose weight

September 13th, 2011
10:45 am

#1 – if you are overweight, you shouldn’t be eating White Castles anyway!!!! and #2 – many people like the booths. Ask for a chair next time – better yet, stay away!!!! Better yet, bring your own chair!!!!!!!!!


September 13th, 2011
10:52 am

Let’s sue this guy for having to look at his picture. He didn’t become overweight overnight. Eat somewhere else, like a “SALAD BAR” for a change.

ruining the economy

September 13th, 2011
10:55 am

It’s people like you, fatboy, that make the prices go up!!!!!


September 13th, 2011
10:56 am

Help, I’m fat and I can’t get up!!!!

more cheese please

September 13th, 2011
10:59 am

He said he got free coupons from White Castle, but the cheese was extra. Well, there’s his problem. He is too bloated!

on the floor

September 13th, 2011
11:03 am

Maybe you should move to Japan where they sit on the floor to dine. Oh, I forgot — you probably wouldn’t fit in the seat of the plane.


September 13th, 2011
11:30 am

I’m tall and repeatedly smack my legs into the posts under tables at restaurants. Should I sue because I have long legs? smh.


September 13th, 2011
12:15 pm

What the heck do you expect after eating those hamburgers for 50 years ? Stupid lard ass.

more chairs

September 13th, 2011
12:18 pm

If White Castle catered to Kessman, then they would have to cater to small people also who sit too low. I never complained. Bring your own overstuffed chair. Better yet, why don’t you donate a big chair to White Castle?

better to give

September 13th, 2011
12:21 pm

Hey – haven’t you ever heard of “It’s better to give then receive”? Quit taking money from insurance companies and send White Castle a “BIG” chair for “BIG” ogres like you!!!!

crying game

September 13th, 2011
12:24 pm

Wah, Wah — Don’t be a crybaby, Kessman! Go to IRAQ, then you will have a reason to cry. I think they have a Blimp in your size!

right on

September 13th, 2011
12:28 pm

You tell him Bert!

big dude

September 13th, 2011
12:29 pm

Hey – here’s a thought – “L O S E W E I G H T”

castle blob

September 13th, 2011
12:32 pm

Maybe you could get a job as the White Castle “Mascot.” You could be the No. 2 Combo!

Halloween Jack

September 13th, 2011
3:22 pm

I think that most of the commenters here aren’t quite getting the point–this guy is part of the market that White Castle should be catering to. The rail-thin joggers and cyclists aren’t going to be hanging out at the Castle, shoveling sliders into their pie holes.

Joe Leonardi

September 13th, 2011
3:50 pm

I was in his shoes at one point in my life; even then I never expected the world to adapt to my poor choices.


September 13th, 2011
4:04 pm

White Castle should sue him for being to fat and causing damage to the booth….


September 13th, 2011
4:07 pm

“I just want to sit down like a normal person,” Kessman said in a New York Post article.

That should about sum up this case, Kessman’s not a “Normal Person”, he’s to damn fat!!


September 13th, 2011
4:40 pm

That FAT WASTE OF TIME AND TAXES to have a judge actually have to deal with this. This guy AND HIS LAWYER should be required to pay SANCTIONS for bringing a frivolous lawsuit.

Palin 2012

September 13th, 2011
4:54 pm

I am with you dano. I think he should have to pay their court fees. Being a f– a-s is not a disability!Since when is it a requirement to sit and eat at White Castles. No law says you must eat there and you can’t take your food out. What’s next someone 7 ft tall suing because their legs hit the table. This suit should be thrown out period!


September 13th, 2011
5:04 pm

Quick white pages search revealed his info. Contact him and tell him he’s a fat idiot.
Martin H Kessman (845) 368-022828 N DE Baun Ave, Unit 302Suffern, NY 10901-5132


September 13th, 2011
6:25 pm

“Normal” is not 300 pounds, or the seats would be larger. Want to feel “normal”?
Lose 100 pounds. Donate your brain to science, then you’ll only have 99.5 lbs to go.

K. Grant

September 13th, 2011
10:00 pm

Lose the weight, fat ass, or get the burgers to go. You don’t have any complaint other than you eat too much and get no exercise. Yep, your bad, not the burger joint!

White Castle Fan

September 14th, 2011
7:35 am

David Letterman material!……Hopefully some of us on this blog will be in the jury pool.

White Castle Fan

September 14th, 2011
7:35 am

Enter your comments here


September 14th, 2011
9:49 am

get real

September 14th, 2011
10:10 am

You are not the only one who isn’t comfortable in some restaurants. However, you can get over it like the rest of us. I am short – I don’t complain when the table is up to my neck – People like you ruin everything for everybody else. You are such an idiot for suing White Castle – I think that when they see you coming in the door (if by then you still can) they should charge you for stupidity!!!!!

not prejudice

September 14th, 2011
10:12 am

I don’t have anything against overweight people — but you are being so dumb — you have too much time on your hands to eat, get fatter, and sue people. Why don’t you sue yourself for overeating?

White Castle Fan

September 14th, 2011
10:15 am

I hope White Castle goes to court and wins. You are just sooooo stupid!!!!!!! Deal with your fatness like everone else deals with their problems. We all have to adjust to certain things in life — looks like you need a body adjustment.

Lawsuit Frenzy

September 14th, 2011
10:19 am

Looks like you think this is an easy way to get a settlement from White Castle — well I hope White Castle doesn’t give in to you. I hope you come to your senses soon. Looks like the fat is going to your brain.

Ricardo Simmons

September 14th, 2011
11:56 am

Cut the man some slack. He’s on a diet. Where can you get a smaller burger with less red meat? And they don’t call them sliders because they “stick to your ribs”! Your polyps know you’ve eaten while your stomach waits in ignorance so put a hole in the new seats with a bucket underneath while you’re at it.


September 14th, 2011
12:00 pm

Ricardo – cut the man some slack?? His favorite is the #2 COMBO — That is not a diet, my friend!

to diet or not to diet

September 14th, 2011
12:05 pm

Most people have a problem with restaurants, but they don’t even think about suing. Some people are to short, some too tall, some people bump the table legs — hey, but we all adjust somehow if we enjoy the restaurant and the food!!!!!!! He must only eat at White Castles, since he is not suing any other restaurants. What a fuddy-dud!!!!


September 14th, 2011
12:11 pm

Is he really fat?


September 14th, 2011
12:45 pm

I am so pleased to read all the comments here that place responsibility on Mr. Kessman where it clearly belongs. Eating SAD (the standard American diet) is what is contributing to the obesity
epidemic. Mr. Kessman might want to take a walk to a grocery store and buy some vegetables, fruit and grains. He can then consume as much of those as he likes and he will effortlessly lose enough weight to be able to fit OCCASIONALLY into a White Castle booth or any other seating arrangement of his choice.


September 14th, 2011
12:49 pm

Another FAT broke unemployed LIBERAL trying to make MONEY any way he can. The sad part about it is that the DAM ACLU is behind him. Why don’t the ACLU give him a 1 yr membership to the nearest GYM. That sure would make him normal….


September 14th, 2011
1:32 pm

First of all, where is his legal medical declaration of disability? Shouldn’t there be established grounds for a lawsuit. I would love to sue some of the people around me just for being so damn ugly and causing my eyes pain… In other words, where does the insanity stop???
Second, his inability to fit into the “booth-style seating” was “extremely embarrassing”…
Yet, his nationally publicized photo above is not embarrassing?
He appears seated to me ~ granted he needs a bib!
Unfortunately, White Castle will probably (with all due respect) cave and put in a ‘Baby Martin’ seat ~ but I hope they don’t.


September 14th, 2011
2:58 pm

he has been eating there sense 1959 …. where has he been sitting at for the late 40yrs. he is just a piece of $%#& that is trying to get some free money…..

Grave Digger

September 14th, 2011
3:24 pm

Gladly replace those normal sized seats with the super-sized coffin he will need tomorrow. Save him a step on his death quest.


September 14th, 2011
9:59 pm

Would you buy stocks from this guy?

Fat man in Georgia

September 15th, 2011
8:34 am

If you look at his picture, you can see he is not sitting up straight in the chair but slouched down so his gut is hitting the table. I weigh the same as this guy and I have no trouble sitting in booths. What a waste of flesh, court time, and even news space.

so true

September 15th, 2011
8:51 am

I agree with all you people sending comments. Why is he suing now, after eating at White Castle for so many years??????

teeed off

September 15th, 2011
8:53 am

This guy just found a way to get money to eat more!!!!!!

read this

September 15th, 2011
8:55 am

Kessman —- I hope you read all these comments, and I hope White Castle does too. No way should you prevail in this lawsuit. I hope White Castle has a darn good “Attorney” to help them out of this silly thing you started.

not so fat

September 15th, 2011
8:57 am

I have seen much fatter people at restaurants – this guy doesn’t look that fat. Where do you draw the line?????


September 15th, 2011
11:01 am

In his own statement “I just want to sit down LIKE A NORMAL PERSON,” he acknowledges that he is not a normal person.


September 15th, 2011
1:46 pm

I don’t know why he just doesn’t get his order to go….and eat at home. Or does he eat them and go back to work smelling like onions and the fat he just injested. I always get them to go. What a Fat Ass.
Another Scheme to make get a buck, or should I call it Scam.


September 15th, 2011
3:40 pm

Get this tub of lard a couople of free sliders,an order of nails, and a diet coke, he’ll go away!!


September 15th, 2011
3:42 pm

With a name like Kessman, he’s probably a sue happy jew. He had a talking scale, but sued it for using profanity whenever he stepped on it to check his weight. OY!!!


September 16th, 2011
12:32 am

He is lucky he can get a W.C.!!!!!!!!!!!!!!!!!!
I haven’t had one since I was a kid which is over30 yrs!!!!!!!!!!!!!!!!!!


September 16th, 2011
9:21 am

Well lets see, we have the right to say stupid things, do stupid things and just plain being stupid. So where does this fit? Gee, a 69 cent Burger and someone is complaining. This kind of reminds me of the Burger Chomper in the Popeye Comics. Oh well, we all have our own agenda and I guess they will give Him a few bucks to shut Him up and then we can read on to something else of humour? Gotta Love this Freedom of speech we enjoy.. LMAOL Ya my spelling sucks, sorry.

[...] The world’s most frivolous lawsuit. Personal responsibility is [...]


September 19th, 2011
12:52 pm

If he wins and they move the seats farther away from the tables, I’m going to sue for having to sit uncomfortably at the edge of the seat just so I can reach the table! Skinny people have to be accomodated too! :-)


September 19th, 2011
1:34 pm

I have not read all the responses but a vast majority of them tend to restore my faith (a little) in America. It is a sad and sorry nation when courts will hear lawsuits based on emotional distress over self-inflicted injury.

Maurice Nelson

September 19th, 2011
2:04 pm

Dude I mean REALLY…Stop using the table being too small to justify you bing a fatso. I have no problem at ALL with people that are overweight. You shouldn’t be at White Castle anyway because I know you probably have health problems from being overweight. The doctor probably told you to cut out some foods. Now being the fact your at White Castle that’s telling me you didn’t listen to him/her. So should the doctor sue you for being hard headed?? GET WITH IT BRO LOOSE YOUR WEIGHT AND DON’T BLAME OTHER PEOPLE CAUSE YOU CAN’T SIT IN THE DAMN CHAIR CAUSE YOUR GUT IS TO FREAKING BIG!!


September 19th, 2011
3:58 pm

Who the hell do the majority of you think you are?What gives you the right to talk crap about someone you don’t even know?It sounds like most of you need some serious personality adjustments,at least it is possible to lose weight,a crappy attitude will take longer to adjust.


September 19th, 2011
8:32 pm

Ok. You chose to eat there. Choose to eat elsewhere. Being fat is not a disability. Stop trying to make it one.

Just Me

September 19th, 2011
11:34 pm

I think that 99% of you are jerks. Diets don’t always work. I am overweight due to medical conditions and medications. I diet and exercise but it doesn’t help. I can’t lose the weight. Did any of you jerks stop to research that there are reasons for obesity? I can tell by your comments that you haven’t. Like somebody said before, weight can be lost but your ugly, jerky attitudes and personalities can’t.

Thomas Jones

September 20th, 2011
12:52 am

The idiots we have in this country and I’m not talking about Martin Kessman. If you people had this type of passion when it come fighting higher cost living, Govt bailing out big banks and things of that nature we would be in a much better places.


September 21st, 2011
1:15 am

I hope White Castle reconsiders their offer of a “regular chair.” He would surely break it.


September 21st, 2011
1:29 am

TAX FAT…….TAX FAT……..TAX FAT!!!!!!!! the solution to the National Deficit……

Lard @$$ take a hike - literally

September 21st, 2011
7:48 am

Is this for real? I have a novel idea…go exercise and stop eating fatty foods! Why not try a salad or a veggie burger! Take your big lard @$$ to the gym instead of WC and sit on a weight bench!!

It is not the responsibility of a restaurant to cater to your weight gain by providing better seating. Sit on your oversize couch in the den in front of the telly like you normally do.


September 21st, 2011
12:20 pm

There’s a comment above from “david,” who says, “Another FAT broke unemployed LIBERAL trying to make MONEY any way he can. The sad part about it is that the DAM ACLU is behind him. Why don’t the ACLU give him a 1 yr membership to the nearest GYM. That sure would make him normal….”

I’m sure that most people who read david’s comment will dismiss it. And even I, without knowing david, would give him the benefit of the doubt, assuming, based on his writing style, that he is just an ignorant person.

Or, david may be deliberately lying, seeing an opportunity to smear the ACLU, for whatever may be his reason.

Either way, david needs to stop and check himself before he hits the “Submit” button. He needs to either check his facts so that he doesn’t accidentally accuse ACLU falsely, or he needs to check his principles and stop his lying.


September 21st, 2011
12:47 pm

Well, in the article it mentions he is a stock brocker. I guess his investments are just not paying off like they used to so he see’s another money stream, his obesity and White Castle.

If he wins this suit I shudder to think what comes next. There is no personal responsibility left in America. We can all blame another for our actions and win big money. I do not agree in stripping access to the courts, but I do believe that people who file suit becuase they expect the world to conform to their lifestyle should be made to pay the cost of defending the suit, the cost to the taxpayers to pay for the judge, and courtroom personnel to hear the suit, etc.

Time to sit in a booth

September 22nd, 2011
12:03 pm

Maybe all of us rotund individuals should get together and make it a class action suit. Better yet, lets put White Castle in a financial hurt and work on losing weight.

Abercrombie & Fitch outlet

December 11th, 2011
11:13 pm

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February 24th, 2012
7:30 pm