You guys are making me laugh so hard I'm crying! I'd give ya both some rep, but it says I can't - gotta spread it around first. Oh, well!
The thing is, the argument should be "what would a reasonable person do", which would be either use the seat covers provided or cover the seat with toilet paper EVERY TIME you use a public toilet. I'm really sick and tired of using public money to try these idiotic cases in court. My vote would be to sanction every attorney who brings such a suit and if that doesn't work, then fine the plaintiff.
Obviously, he hasn't done what a reasonable person would do. So he deserves nothing for his trouble. I also can't believe that an attorney worth his salt would take a case like that. Must be bored!