Simon Cowell sued by X Factor hopeful

Simon Cowell

Simon Cowell

Simon Cowell is being sued by an 86-year-old singer, who claims the music mogul subjected him and his asthmatic son to a punishing physical ordeal prior to auditioning for the US 'X Factor'.

Simon Cowell is being sued by an 86-year-old singer for allegedly subjecting him to a punishing physical ordeal before auditioning for the US 'X Factor'.

Hyman Marks claims he and his 54-year-old asthmatic son, Stephen, were forced to film promotional scenes in 96-degree temperatures before their joint audition, causing them to perform below their best on stage.

Therefore, he has filed a lawsuit against Cowell - who is a judge on the show, as well as producer - and wants $2.9 million from him or another audition.

The lawsuit reads: "Forcing an 86-year-old man with a bad knee and a 78-year-old woman who walks even slower, and a 54-year-old man with very bad asthma to do all this was unfair and discriminatory, since none of the other contestants had to go through this."

It claims Hyman was so exhausted by the process that he could not remember the ages of his wife and son when questioned on stage.

Hyman - who is married to 78-year-old wife Helen - and Stephen successfully auditioned in front of preliminary judges on April 7, meaning they could then perform in front of Simon and his fellow judges Paula Abdul, L.A. Reid and Nicole Scherzinger at Miami's Bank United Center on June 15.


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