We all took Civ Pro and understand this, but I hate frivolous lawsuits and this is a frivolous lawsuit to get attention. I don't want all civil cases to be ruled under the British system, but it does keep a lot of dumb lawsuits from being filed. I like the American system for exactly why you said. However, it very hard to get lawyer fees for dismissed cases unless its very blatantly frivolous.
I highly doubt any reasonable person would actually waste the time and money to go through with this lawsuit, just some fat slob trying to cash in on his 15 minutes.