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Started By
Message
re: ESPN Story on the Teabagger!
Posted on 11/15/12 at 3:39 pm to BamaTiger00
Posted on 11/15/12 at 3:39 pm to BamaTiger00
quote:
There's no mention of therapy, no serious psychological implications, and no evidence that he cannot/will not return to school.
The dude clearly suffered significant emotional distress about it. I'm no lawyer, but I'd bet he gets a LOT more than $5000. Seriously, is he going to sue Krystal in small claims court?
2
Posted on 11/15/12 at 4:01 pm to Jester
quote:
Nobody's mentioned that Downing is now a Hero to this fan base. Updyke poses for pictures with these people and I'm sure the same will hold true for this guy.
this. at least the tamu fans are denouncing the drunk a-hole in the nola airport.
Posted on 11/15/12 at 4:10 pm to Jester
Sorry for the long post. There's just so much to say here. Do not read if you can't handle a longer post.
When talking about emotional distress, there's nothing clear about it. This whole "emotional distress" aspect has been so watered down by so many plaintiffs wanting to cash in that it comes under a higher scrutiny than we've seen in the past. Simply put, "prove it". Just because this happened to him doesn't prove any emotional distress, whatsoever. None. It all depends on the individual under the specific circumstances.
Could it be there? Maybe. He'll have to show he actually suffered and got emotional treatment and if not, the reason(s) why, why he dropped out of school, etc. What is telling is that the article didn't report any therapy (and you would have bet your bottom dollar that the reporter asked him if he's had to have that kind of therapy, etc.)
Though he could have had therapy, I'm making a very educated guess that he didn't. Sorry, but a judge (or the ones I know) will throw that particular claim out pretty fast on summary judgment.
I'll crawfish a little and say it may be more than $5,000. That might be conservative. But a lot more? Hell no. Anywhere close to 6 figures? Absolutely not. Again, being embarrassed =/= suffering to the tune of a large verdict. The only way it sniffs something large is if some facts come out that really show that Garrison has suffered from this. READ THE ARTICLE. Maybe those facts exist, but they aren't out yet. I've been looking and haven't seen them in the article, in the record, or anywhere else to date.
You're confusing basic case logistics here. You can file a suit in regular civil court (not small claims) asking in your prayer for 6 figures. That doesn't mean that a judge/jury couldn't award you $5,000 or nothing at all. Same for a settlement. Garrison could ask for 6 figures, but that doesn't mean he ultimately won't settle for something much smaller.
Trials cost A LOT of money. Period. I've been on one side of a case where we spent $50k+ on costs (the other side probably the same) and ended up settling for pennies on the dollar. Why?? Because both sides were afraid of their chances at trial. Trials are inherently risky. That is why the vast, vast majority of cases settle.
quote:
The dude clearly suffered significant emotional distress
When talking about emotional distress, there's nothing clear about it. This whole "emotional distress" aspect has been so watered down by so many plaintiffs wanting to cash in that it comes under a higher scrutiny than we've seen in the past. Simply put, "prove it". Just because this happened to him doesn't prove any emotional distress, whatsoever. None. It all depends on the individual under the specific circumstances.
Could it be there? Maybe. He'll have to show he actually suffered and got emotional treatment and if not, the reason(s) why, why he dropped out of school, etc. What is telling is that the article didn't report any therapy (and you would have bet your bottom dollar that the reporter asked him if he's had to have that kind of therapy, etc.)
Though he could have had therapy, I'm making a very educated guess that he didn't. Sorry, but a judge (or the ones I know) will throw that particular claim out pretty fast on summary judgment.
quote:
a LOT more than $5000
I'll crawfish a little and say it may be more than $5,000. That might be conservative. But a lot more? Hell no. Anywhere close to 6 figures? Absolutely not. Again, being embarrassed =/= suffering to the tune of a large verdict. The only way it sniffs something large is if some facts come out that really show that Garrison has suffered from this. READ THE ARTICLE. Maybe those facts exist, but they aren't out yet. I've been looking and haven't seen them in the article, in the record, or anywhere else to date.
quote:
Seriously, is he going to sue Krystal in small claims court?
You're confusing basic case logistics here. You can file a suit in regular civil court (not small claims) asking in your prayer for 6 figures. That doesn't mean that a judge/jury couldn't award you $5,000 or nothing at all. Same for a settlement. Garrison could ask for 6 figures, but that doesn't mean he ultimately won't settle for something much smaller.
Trials cost A LOT of money. Period. I've been on one side of a case where we spent $50k+ on costs (the other side probably the same) and ended up settling for pennies on the dollar. Why?? Because both sides were afraid of their chances at trial. Trials are inherently risky. That is why the vast, vast majority of cases settle.
This post was edited on 11/15/12 at 4:12 pm
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