ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, May 2, 1996 TAG: 9605020070
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: CHARLOTTESVILLE
SOURCE: Associated Press
A circuit judge has ordered Denis O'Brien to pay $6,000 for filing two frivolous lawsuits against one of the attorneys in his 16-year battle begun by an unpaid $5 restaurant bill.
Judge Joseph F. Spinella said Tuesday that O'Brien has twice sued John C. Lowe for no good reason, and he wants him to pay the lawyer for his time.
``In all my experience as a judge and as an attorney, I have never seen a case where there was less foundation on the issues,'' Spinella said.
In 1980, O'Brien tried to leave the now-defunct Mousetrap without buying anything. The restaurant asked him to pay its $5 fee for such patrons, but O'Brien refused. The restaurant then tried to file criminal charges against O'Brien, but a magistrate refused the Mousetrap's request.
Lawsuits, countersuits and legal wrangling followed; none resolved the case.
On Tuesday, after O'Brien pleaded with Spinella to spare him the sanctions, saying they would devastate him, the judge answered:
``In my view, the only reason [O'Brien] is in court with Mr. Lowe is because he doesn't like Mr. Lowe and he wants revenge.''
LENGTH: Short : 32 linesby CNB