she loves me maybe you would understand ♪ good morning, you're watching "fox & friends first" on this thursday morning. i'm heather childers.-we are gox news lart. >> a shooting at an indiana grocery store. it happened around 10:00 p.m. eastern time inside martin supermarket in elkhart. a gunman in his 20's walked into the store and shot a customer. he then walked about 12 will aisles down and shot a worker. when police arrived the man was pointing a gun at another employee. he pointed the gun at the officers who shot and killed him. we still don't know if the suspect knew his victims. >> a new mexico school that was the scene of a violent shooting. 911 calls from inside the school have just been released. a school employee called for help as she covered the

13-year-old student who was shot. >> mason campbell charged with three counts but his age keeps him from being tried as an adult. >> missing prisoner of war zoe burgdone. they have new video that proves he is alive. he disappeared from his base in afghanistan in june of 2009. they believe he is being held by taliban militants. his family released a statement saying if you see this please remain strong and patient. your endurance will carry you to the finish line.

breathe. is your personal information safe. there are gaping holes in had the site's security. not the first time we heard this. peter doocy live with more on the latest development. peter? >> for about two months computer experts have been sounding an alarm about how easy it is to hack healthcare.gov. the government isn't listening. good guy hackers say some of the holes in the site they highlighted back in november have not been fixed. the white house and hhs have taken responsibility for the bumpy start to open enrollment when most people couldn't open the site at all. this is a different story. people got in on the site and entered personal sensitive information on healthcare.gov and the sites they connect to for verifying identities. one good guy hacker called david kennedy recently wrote a

computer code that could download 70,000 records in four minutes over the internet no hacking required. we will see kennedy and other experts today on the hill. as far as healthcare policy is concerned the hill newspaper is now reporting that 50 more regulations tied to healthcare are on the way in the next year. keep your eyes open in the next few days for new celebrity ads. magic johnson report recorded a spot talking about the importance of insurance for athletes and encouraging people to enroll today. >> peter doocy, thank you for joining us. colorado senator mark udall tried to fudge the number of cancellations in his state. a member of his own congressional delegation says yes. corey gardener is demanding an investigation after udall's staff tried to bully the colorado insurance commissioner into lowering the number of

people whose insurance policies were canceled under obamacare. complete colorado reporting, 250,000 people lost their plans. udall staffers indicated the number was misleading because most of those policies were canceled and they had the opportunity to renew them. insurance officials didn't budge. >> the u.s. air force is facing a scandal after they relegaled 34 of the u.s. missile launch officers were caught cheating on a certification exam. the monthly exam test the knowledge of how to operate the nuclear missiles they were maintaining. they were using text messages to share answers. all 34 men have been stripped of their certification. it is not a failure of the entire airpor force. >> our actions will be about making sure every member of our air force understands we will not accept or allow that type of behavior. there is nothing more important to the nation than the integrity

and the trust worthiness of the people who defend it. >> the cheating allegations surfaced during a separate drug investigation. >> more benghazi bombshells. a new senate report says al qaeda was ioned the attack on the u.s. consulate. the entire attack they say was preventable. marianne rafferty joins us with more. >> the sennal intelligence committee declared individuals tied toal gui al qaeda groups w part of the attack. they were long claimed it was the work of protestors not al qaeda group. they knew almost immediately. >> i can tell you within hours the vice-chairman of the senate intelligence committee knew it was a terrorist attack. within 24-hours knew that there was a suspected al qaeda leader

involved. >> not only has the administration been lying about al qaeda's involvement the report shows there were ample warnings that the entire attack could have been prevented. >> there was a steady stream of reporting at this facility in benghazi was in great danger. this was a very dangerous place. there had been attacks against the facility the red cross pulled out and they didn't have enough security. >> hillary clinton is responsible for the attack and is calling for the senate foreign relations committee to reexamine clinton's role. the white house made a statement yesterday stayiaying the findin enforced previous investigations. >> marianne rafferty, thank you. >> the house of representatives approving a massive $1.1 trillion budget. the nearly 1600 page bill provide funding for federal agencies and spending money on

things ranging from war to airports. the measure flushes out the details of the budget deal passed last month. and it eases some of the spending cuts. they are set to vote on the final approval next week. >> they blast congress for making drastic pension cuts to military retirees. the move could cost service members more than 100,000 dollars each in lost retirement pay. it is part of a $1.1 trillion house omnibus bill passed on wednesday. >> whole new level of bipartisan it will cut the retirement benefits forearm me staff sergeant, sergeant first class by 20 percent. if you are retired e 7 coming out of the army you will see an 85,000 dollar increase of retirement benefits. they are balancing the budgets

on the backs. >> the cuts fully engaged by 2016. >> at this hour a navy pilot in critical condition after the fa 18 crashes off the coast of virginia beach. the aircraft was conducting routine training exercises something went terribly wrong. the pilot ejected thousands of feet in the air. this simulation video showing how violent those ee gje ejecti can be. it was picked up by a helicopter and flown to the hospital. country music star trace adkins checking back into rehab after sobriety. he was in the middle of headlining a cruise. when the ship arrived in jamaica he got off a boat and headed to a rehab facility to be treated. we wish him the best. >> we are just a few weeks away from football's biggest day. super bowl security teams they

are ready to go. >> new york's other strength is the police department. we are accustomed to large events and we are prepared to respond to anything that presents itself. >> the nfl says it will have 4,000 security professionals on game day. new jersey state police, they plan to have 700 troopers available. law enforcement officials sail they are running the full gamut of security systems including metal detectors, police dogs, teams patrolling the air and the waterways all around the stadium. >> days before the championship game, i know this is one of ainsley's favorite. tom brady misses practice due to a mystery illness. >> it was the patriot's first practice as they prepare to play the denver broncos on sunday. brady is still expected to start. >> about to buy your morning

joe? major security flaw in the most used payment app is starting things out. we have the story and other top business news. >> if you use your phone to buy your starbucks, this security flaw could certainly kill your buzz. the coffee giant behind the most used mobile app in the nation has been storing user's pass word without any encryption making those tied to the app your credit card number e-mail and location highly vulnerable to theft. all a thief has to do is steel your phone and hook it up to a computer and get that information. starbucks says it has fixed the flaw in the iphone app only. j.c. penney is cutting 2,000 jobs as it closes 33 stores across the country. the down sizing suggests that the holidays were a bust at the department store and is now making bigger moves to return to profitability.

these cuts are expected to save j.c. penney $65 million a year. american airlines may inconvenience a lot of player -- fliers especially in washington, d.c. and new york. the merged u.s. american air dropping daily nonstop flights from reagan national airport from detroit to san diego and the 15 other cities because of the deal the airlines made with the government to get the merger green lighted. they will end nonstop flights from cleveland and minneapolis and will add to richmond dayton and louisville. that starts april 1st. changes a lot of fliers need to know about. back to you, ladies. >> loren simonetti. a home plate helmet toss leads to a 600,000 dollar lawsuit. now a little league coach wants his player to pay up. legitimate or ludicrous? we report you decide. >> some would want to break out

of a maximum security prison not these kittens they broke in. they could be facing a life sentence. as we go to break a the forecast across the country. start the engine... and shift through all eight speeds of a transmission connected to more standard horsepower than its german competitors. and that is the moment that driving the lexus gs will shift your perception. this is the pursuit of perfection. will shift your perception. progress-oh! [ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your progress-oh! story on progresso.com.

a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain

so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. us, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides.

get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. >> welcome back. the terrorist group hamas teaching high school students in gaza how to wage jihad. more thoan 13,000 teenagers jus completed the one week program that trains them how to use weapons and throw grenades. of that number moish than twice the enrollment than last year. they will limit sexual orientation in racial profiling that is according to new york times.

new york city mayor bill deblasio and eric holder met yesterday to discuss the plans but did not discuss when the rule change would actually be announced. two men from mexico are in custody after they found hundreds of pounds of marijuana in their vehicle. they found a man with 113 packages of marijuana weighing 213 pounds. on friday they arrested 32-year-old man smuggling 376 pounds of pot. a school bus caught in the the crossfire of a shootout during rush hour. ten students between the ages of 6 and 13 were on their way home when a bus was hit by two bullets. no one was injured and no arrests have been made. >> a water war between a school and their school district finally coming to an end. the water will be turned on so

students can get back to class today. the school board and city came to an agreement of a water sir charge for the district. down from what they were charged last year. the school district has been without water since classes let out for winter break that was last month after they refused to pay a nearly 60,000 dollar outstanding water bill to the city. a cam kalil leagcal -- cali little leaguer is being sued by the coach. >> the coach said the boy through his batting helmet in the air after he scored. when it hit his ankle it tore his achille's tendon. the boy's family says he never meant to harm the coach. >> almost thought it was a joke at first but shortly there after realized it's not a joke and we need to take care of it. >> we want to know is this lawsuit legitimate or do you think it is ludicrous?

>> send us your comments on facebook or twitter or you can e-mail us at foxfriendsfirst@foxnews.com. we will share them later in the show. >> it is 17 minutes after the top of the hour. the government might be about to bury or veterans in paperwork. >> it is called social media for a reason but courtney love thought twitter was private. her legal defense that will leaf you scratching your head. [ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity, the next... not so much. but that's okay. you're covered with great ideas like optional better car replacement from liberty mutual insurance. total your car, and we give you

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>> the company in trouble again. freedom industries moved the chemicals to a nearby plant after the spill but it has been sited for safety violations. now state officials might force the company to move the chemicals to a third site. the original spill contaminated the drinking water for 300,000 people. half of them are still waiting for the ban on the tap water to be lifted. another dangerous week in hawaii. they are investigating a fuel leak that was built in the 40's. nearby wells are closed because of precautions and local water officials are being investigated now. the facility two-miles north of pearl harbor held fuel for american planes during world war ii. the fuel is being transferred to another tank but that could take five days. thanks to eagle eyed utility workers in missouri a bald eagle is safe after being caught in a

coyote trap. it was wounded and exhausted struggling to take off but their quick thinking along with the response from a bird sanctuary saved the bird's life. >> he was laying there with his head down. he was totally tired which made our job a little bit easier. >> i am sure it would never happen again but to be able to do that and help save an animal and be there and be that close to it. they are really excited. >> if all goes well in the bird's recover he radio he will be let back in to the wild in a month. beautiful bird. it was a different type of jailbreak. four stray kittens in bad shape when they crawled into the basement of a maximum security prison a few months apg. the kittens were nursed back to help with the help of prison staff and inmates. now they have a new home in a they live in a cage built by one of the inmates. they hope to find the kittens

homes among the staff. >> veteran crews were outraged over a proposed change to how vets can receive disability benefits. right now they contact the va. but the department wants them to register on-line or complete a handwritten form. jennifer griffin is following the story out of washington. >> the department of veteran's affair wants to change the decade old way they file claims. veteran's advocacy groups are upset. >> it is a seismic shift in the way they want to process claims. >> they allow them to subcommittsubmit claims in a variety of ways including a handwritten note. this he want to get rid of the informal claims process requiring them to register on-line. retro active pay would start the date the form is fully completed. the clock will start ticking for

partially complete handwritten forms as it does now. >> we have concerns because the average age of the american veteran is 64 years old according to a study in 2011. the 2010 census reported 65 percent of americans 65 and older don't have access. >> this proposed rule would require the use of standardized forms to help streamline the claims process and modernize the va system to ensure veterans and their families receive the best they deserve more quickly. chuck hagel supports the change arguing younger vets want to file the claims on their cell phones. >> younger vets say those with traumatic brain injuries will find the on-line forms difficult to complete and could lose benefits in the process. a final decision is expected in 30-days. in washington jennifer griffin,

fox news. 25 minutes after the top of the hour. hand over the liquids, lotion, shampoo and pot. tsa workers at one airport giving travelers a pass. >> duck dynasty is back. introducing a new member of the flock. the new face on the show. it says here that a won's sex drive increases at the age of 80. helps reduce the risk of heart disse. keep hrt-healthy. live long. eat the 100% goodness of post shreddedheat. doctorrecommend it.

>> it is thursday january 16th.

how safe is your personal information on healthcare.gov. the frightening information obamacare doesn't want you to hear as experts take the hill today. >> apple about to shell out millions of dollars for their kid's mistake. who can cash in and who is getting stuck with the bill. >> memory eraser. no it is not a new shot. it's a warning for everyone who enjoys even an occasional drink. fox and friends first starts right now. ♪ >> good thursday morning. end of the week. you have almost made it. >> i am ainsley earhardt. >> i am heather childers.

we begin with a new warning about the security of the obamacare web site and your personal information the government failed to save the site from hackers. >> the obamacare web site is working better now, but those who enroll may be in for more than just health insurance. thehead it security officer for the department of health and human services is expected to tell a congressional committee today that proper testing of the web site was never done prior to launch the agency responsible for the site wouldn't even communicate with them. so half of the problems have been fixed especially in the wake of massive data shitheft f retailers like target. for republicans it is a clear line of attack. >> the government is going to mandate it. we don't want the government to mandate they have to go do this

d but the government is mandating it. they ought to make sure their data is protected. if thit is breached they ought notify them that this happened. >> the administration is launching new ads starring former nba players to help promote obamacare. according to usa today it is part of a $52 million ad campaign. those awill run during ad campaigns. the advertising push is just starting. we have really ramped up starting in december and we intend to use every day of the next three months to make sure to get the word out. >> the hill newspaper reporting the administration is talking about 50 new regulations to help implement obamacare. >> a lot of money to spend. doug luzader live for us in it dc. >> meantime state lawmakers now the latest to say no to

obamacare. a new proposal would prohibit state agencies from implementing or administering the federal healthcare program. the bill would also bar tennessee from setting up a state run-ins exchange. it does not cloblock the feds f implementing the healthcare plan. but it stops the state from assisting in any way. it is based on similar legislation that is proposed in georgia. three people are dead after a shooting at an indiana grocery store. this happened last night about 10:00 p.m. eastern time inside martin's super markets in elkhart. the gunman in his 20's walked into the store shot the customer walked 12 aisles over and shot a, woulder. when police arrived the man was pointing the gun at another employee. he pointed the gun at the officers who shot and killed him. we don't know if the suspects knew this victim. >> there is new hope for the family of missing prisoner of war beau bergdahl.

they have obtained new video that proves he is alive but have not released the video. bergdahl disappeared from his base in afghanistan in june of 2009. police believe he is being held by the taliban militants. they released a statement offering bergdahl encouragement. bowe, if you see this, continue to remain strong through patience. your endurance will finish ycary you to the finish line. breathe. the military responding with their own web site. the attack targeted the small coastal city. officials on the ground say two hamas camps were hit injuring five. four more bomb shel-- more bombshells. the entire attack in benghazi was preventable.

>> good morning. a new comprehensive report definitive any declaring individuals tied toal gui al qa groups were involved in the benghazi attack. it long claimed the attacks were sprung out of a protest not the work of a terrorist organization. the white house knew almost immediately. i can tell you that within hours chambliss knew that it was a terrorist attack. and within 24-hours knew there was a suspected al qaeda leader involved. >> not only has the administration been lying about the al qaeda involvement it shows there were ham pell warnings and the entire attack could have been prevented. there was a steady stream of reporting at this facility in benghazi was in grave danger, that this was a very dangerous place and there had been attacks against the facility before, the

u.k. had pulled out the red cross pulled out and they didn't have enough security. >> senator rubio went on to say hillary clinton is responsible for the attack and senate foreign intelligence committee should reexamine her role. the findings reinforce previous investigations. ainsley, heather? >> thank you, mary an, classes are set to resume after a violent shooting. 911 calls from inside the middle school have just been released. two stu deents were shot an 11-year-old girl and 13-year-old boy. this emergency call from a student was the first of many. >> 12-year-old mason campbell faces three counts of aggravated battery with a deadly weapon. because of his age state law

prevents him from being tried as an adult. private plane making a crash landing about a mile north of salt lake city international airport. the pilots reported having mechanical issues with the plane possibly due to being low on fuel. the airport shut down 40 minutes after the accident. the pilot was on board and was not injured. water officials say they may start taking cladrastic steps t maximize available water in their system while they can. >> i think it was a good idea. we use too much water as it is. we should all try to rags water as we can. >> it is the gypping of the year obviously we haven't had enough rain. >> district reservoir levels are 71 percent normal. >> water rationing may be weeks away. >> opening arguments have already begun in the trial of singer courtney love.

she is accused of defaming a former attorney on twitter. the attorney filed the lawsuit after she allegedly tweeted her lawyer had been bought off. love claims the tweet was meant to be private. this is the first defamation case of its kind brought before a jury. love is supposed to resume her testimony today. >> duck dynasty is back. we are getting to know a new family member. the arrival of her 24-year-old daughter who finished a fashion internship in los angeles. >> you got something big going in l.a. you got a big job lined up? >> not really. i am just kind of thinking about, i don't know just moving back home hang out for a while. >> really. awesome. >> willie said he started to get suspicious she might be staying for a little bit longer when she came home with five suitcases

for a simple visit. >> oscar nominations this morning they will be announced in just a few hours at 8:30 eastern by chris kins worth. the three movies are expected to lead the nominations. fox and friends will carry the announcement live. >> the time now is about 40 minutes after the top of the hour. coming up it is a bun in 7 million find. >> a woman caught on camera smashing the window of a pet store. she didn't want to steal the puppies. what she wanted to do with them instead. coming up after the break a look at the weather.

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>> police found more than $7 million in cash stuck in suitcases. they say they suspect it was being moved for a powerful drug cartel. panama police say three people are now under arrest. in honduras dozens of officers are now suspended as officials try to figure out how the suitcase made it through security there. pod toting travelers getting a task for their grass. they are putting up pot boxes who don't realize it's illegal to carry weed on the plane a chabs to dump the drug. it mandates up to 2,500 dollars in fines and possible jail time. >> it is child's play but now if your child happened to get a hold of your iphone and maybe

sneak some app purchases behind your back you will be paid back. diane macedo has more on what parents need to know. >> they leased tens of thousands of complaints about unauthorized purchases by kids. some amounts to thousands of dollars. the commission says apple violated the fcc app by failing to tell parents entering a pass word not only authorized one app purchase but 15 additional minutes of unlimited purchases. apple now has to not only issue millions of dollars of refunds but also billing practices to obtain express concert before charging them for mobile app items. edith ramirez says in a statement this is a victory for

consumers harmed by apple's unfair billing and a signal to the business community whether you are doing business in the mobile arena or the mall down the street fundamental consumer protections apply. tim cook sent an internal memo that they don't require us to do anything we aren't already going to do so we decided to accept it rather than take on a long and distracting legal fight. apple has 12 months to pay out $32.5 million in refund. they have until march 31st to change the billing practices. >> diane macedo is joining us. thank you. >> it is quarter to the top of the hour. the mind eraser a warning for everyone who enjoys even an occasional drink. >> he may be the world's worst arsonist. why not even the third time is the charm for this criminal. check in with steve doocy to see what's coming up on "fox & friends." >> coming up on "fox & friends" the real life wall street in big

trouble. charlie gasperino from the business channel here. pet peter berg joins us live. the movie he says is pro war propaganda. danica patrick with a big surprise out on our plaza. it kicks off 14 minutes from now on "fox & friends."

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>> i heard pizza hut is trying something new. they are going to start selling pizza by the slice. or as we call that here in new york, pizza. we have been doing that for 70

years. it is going to work. >> don't eat it with a fork. the time now is 10 minutes till the top of the hour. a connecticut woman is under arrest after police say they tried to break into a pet store in the middle of the night. security cameras caught the woman smashing the front window at the anothnorwalk pet store. they heard the sound they found a woman found the woman hiding behind the sign at a laundromat next door. >> on arresting her she kept repeating that she was planning to set the dogs free. >> a nookgov ill faces one count of criminal mischief. >> here is the reason why you're going to want to cut out, or cut down at least on cocktails. a new study found heavy drinking can shave six years off your memory. in other words, a 65-year-old man cost memory

of a 71-year-old. so who is most at risk? men who have more than two and a half drinks a day are the ones who have greater memory loss. experts say too much booze also impacts a woman's brain but not her memory. the apple doesn't fall too far from the tree. parents poor eating habits to blame for child pao*d obesity. it consists of sugary drinks and processed food as opposeed to eating fruits and vegetables. some parents don't cook for kids anymore which leads to poor dietary decisions later in life. >> a mom blogs about her experience raising a child with autism wrote a heartfelt open letter to the businessman who sat next to her three-year-old daughter kate on a plane. the two bonded over the course of the flight. he even let kate play with his ipad. the business man saw her post. >> the first thing i did

was start to cry which, you know, was not hard to do. that story was very heartfelt. >> the families have now become good friends. >> it seems that the 1980's never go out of style. we love that decade. for the past five years the hits from the 1980's have been drawing sellout crowds on broadway. for more we're stepping into the fox light with michael tammero. good morning. >> rock of ages has been bringing the party to the great white way for years. recently the cast invited me back stage and gave me the chance to fill a life long dream. i'm making my broadway debut at rock of ages at the helen hayes theater. let's go back stage and see how the magic is done. rock of ages takes us back in time to 1987 when hair was big but rock stars were bigger. first i need to walk the walk before i try to play the part.

fortunately matt, the stage manager, gives me a quick run through. >> we're going through four scenes in the show. your next entrance is during the song "i want to know what love is." >> great song. >> at the end of the song everyone will sort of lackluster clap and not be excited except for you. you are going to love it. for the last two choruses, sing and dance with the cast on stage to "don't stop believing." ♪ >> and you will be dead center. >> there is one problem with this. i have two left feet. >> it's off to wardrobe where i travel back in time. i think i have found my true self. i left it back in the 80's. who knows? look at this. the detail. >> five minutes. >> let's do it, guys.

come on. >> break a leg. thank you. ♪ ♪ >> then it's curtain time. >> two words i thought i would never hear in my life: "broadway" and"debut ." ♪ ♪ >> great job. >> where's my tony? >> were you nervous? >> a little bit. it is interesting to see how they all kind of move on that stage, go on and off. for all my behind the scenes interview log on to inthefoxlight.com. you can follow me on twitter, ainsley. >> i do. thank you, michael. a home plate hell motte -- a home plate helmet toss

leads to a lawsuit. legitimate or ludicrous? your thoughts next. talk about a parking pileup. wait until you hear what one driver is blaming for that crash.

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three minutes till the top of the hour. before you leave the house here's what's happening today. drastic measures in california today to deal with the drought emergency. for the first time in 20 years water officials are being forced to use the reserve, emergency reserve today. security is already in place for the super bowl. officials say there will be 4,000 security personnel on game day as well as police dogs and teams patrolling the air and waterways. the starbucks iphone app stores customers personal data in unencrypted form leaving it vulnerable for computer savvy thieves. officials say they fixed the app that exposes data. time to look at the good, the bad, and the ugly. first the good.

the westminster kennel club dog show allowing mutts to participate for the pheurs time ever. mixed breeds can enter a new agility trial category. however, only purebreds are eligible for best in show. >> police on the hunt for possibly the world's worst arsonist. surveillance video shows the suspect trying and failing five times to set an apartment on fire with a molotov cocktail. he eventually gave up. the ugly. this parallel parking disaster. a florida man told police that the parking assist function on his bmw malfunctioned causing his car to speed over the parking mound and hit the parked car on the other side. the driver had his son also in the vehicle with him but wasn't hurt. >> time to brew on this. earlier we told you about a california little leaguer being sued by his coach. the coach alleges the boy threw his batting helmet in

the air after the team scored but it hit the coach in the ankle and tore his achilles' tendon. >> the coach is suing the boy and his family for more than $5,000 by the boy's family said he never meant to harm the coach. >> is this lawsuit legitimate or ludicrous? >> sallyann says that should be thrown out oft. >> ronald says it is sad how we have become a lawsuit happy country. we sue for the littlest things. thanks to everyone who responded. >> thanks to everyone for watching. "fox & friends" starts now. bye. good morning. it is thursday, january 16, 2014. i'm elisabeth hasselbeck. we begin with a fox news alert. terror in the supermarkets. shoppers duck for cover as a gunman stalks the aisles killing two women. details on that story breaking overnight. >> hillary clinton may be eating these words. >> the fact is we have four dead americans. was it because of a protester was it