Wednesday, August 17, 2005
With apologies to Keith Rowley for the title, a variant of the fact pattern has struck again --- a company makes a promise of an automobile as part of a promotional activity, only to reveal some trickery when the prize is delivered. Times change, however, and this time it was a Hummer that was at issue. The victim of an April Fool's Day prank by Kern County (Calif.) radio station KBDS, Shannon Castillo believed she had won a real Hummer by correctly guessing the number of miles that two real Hummers drove around Bakersfield during a the weeklong contest. When she was presented with a radio-controlled toy Hummer (after getting babysitting and arriving at the station at 6:00 a.m. to claim her prize), Ms. Castillo was not amused. She is suing the radio station for $60,000 in real money - the approximate price of a new H2 Hummer vehicle. The complaint is here.