White Castle suit: Burger too small? No. Booth.

White Castle is sued by man who claims injury from trying to sit at a White Castle booth in New York.

A White Castle hamburger restaurant in Columbus, Ohio, is pictured in this file photo. The Columbus-based chain is being sued by a man claiming he was embarrassed because a White Castle booth was too small for him to fit.

Bill Bachmann/Danita Delimont Photography/Newscom/File

September 13, 2011

A man is suing the White Castle chain, claiming the booths in one of its hamburger restaurants are too small.

Martin Kessman says in the federal lawsuit filed last week that he was embarrassed in 2009 when he tried squeezing his 6-foot (1.83-meter), 290-pound (132-kilogram) frame into the seating at a White Castle in New York state. He says he slammed his knee into a metal post under the table and was in pain.

The lawsuit claims the restaurant could not accommodate a customer of Kessman's stature, in violation of the Americans With Disabilities Act. The suit seeks an unspecified financial judgment.

Spokesman Jamie Richardson at White Castle headquarters in Columbus, Ohio, says the restaurant is being replaced and that the new one will have roomier seating.

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