08/10/2011 // WPB, FL, USA // Personal Injury Lawyers News // Nicole Howley

Miami, FL — Two “X Factor” hopefuls, who claim the audition conditions left them unable to perform well, have sued Simon Cowell, “The X Factor” and FOX Broadcasting Co. for $3 million dollars or the chance to audition again, reported the Miami Herald.

Hyman Marks, 86, and his son, Stephen, 54, claim that when they arrived at the BankUnited Center in June to audition for the television competition, they were required to film promotional scenes outside in the Florida heat.

The lawsuit asserts that they were continuously asked to walk from a car to the concert hall, as well as other activities in the sweltering heat.

When they finally made it in front of the judges, the duo was tired and were turned away.

Stephen reportedly suffers from asthma, while his father has had a knee surgery. They also assert that the rental car they were driving had no working A/C.

“As a result of this grueling and discriminatory physical and mental exertion, the judges and the audience never got to see the real Hy Marks and Stephen Marks that day,’’ the lawsuit claims.

In addition to the $3 million or the chance to audition again, the pair is suing for negligence, fraudulence of representation, and mental anguish.

Legal News Reporter: Nicole Howley-Legal news for Florida lawyers.

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