Doesn't it seem a little overboard to be suing? Wouldn't it be easier to just return the unit from wherever he bought it and exchange it for another one?
On the other hand I remember friends with the PS1 who had to turn them upside down because the little venting on the bottom wasn't sufficient to keep it cool. But I don't remember anyone suing Sony because of the poor design.
It sounds to me more like someone is peeved off from standing in line for hours or paying $800.00 on eBay for a first gen piece of hardware.