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Started By
Message
re: ESPN Story on the Teabagger!
Posted on 11/15/12 at 1:55 pm to BamaTiger00
Posted on 11/15/12 at 1:55 pm to BamaTiger00
quote:
If I were the Downing/Krystal camp, I'd offer $5k, give or take, and walk.
I would take it to a jury which will be nothing but old ladies and a couple of 20 year old kids.You have a video of someone being sexually assaulted and the employees doing nothing about it. Its going to cost 6 figures.
1
Posted on 11/15/12 at 1:58 pm to L S Usetheforce
quote:
How could stamp pass up a web redemption on tosh.o?
How exactly does one get redemption from having a Gump rub his cawk and balls all over his face?
Do he and Tosh go eat an uneventful hamburger at Krystal?
Posted on 11/15/12 at 2:05 pm to agdoctor
quote:
I would take it to a jury which will be nothing but old ladies and a couple of 20 year old kids.You have a video of someone being sexually assaulted and the employees doing nothing about it. Its going to cost 6 figures.
Fwiw, I started out my practice in insurance defense. Not in a million years would anyone deliver a 6 figure verdict. This ain't the movies or a sitcom.
After following this case and reading the interviews, it's going to be monumentally hard to prove Garrison's actual/future damages are anything serious. The guy was embarrassed, as you or I would be. There's no mention of therapy, no serious psychological implications, and no evidence that he cannot/will not return to school. Garrison even says in the interview he plans to go back.
What exactly am I missing here, re: his damages?
Posted on 11/15/12 at 2:12 pm to Govt Tide
quote:
I feel much more sorry for Downing's wife
To start with, but not now.
Anyone who finds out their partner is capable of sexual abuse and remains in the relationship gets no, I feel sorry for her, from me.
The kid is a different story. Shame he has to be parented by those two clowns.
Posted on 11/15/12 at 2:59 pm to 5Alive
Downing looks like a prick. Crazy how you can simply tell just by how someone looks.
Posted on 11/15/12 at 3:04 pm to BamaTiger00
If you go into an establishment where people make minimum wage you have knowledge that it is not safe surroundings. That's my 2 cents.
But the kicker is he didn't even know he went in, so why wasn't he arrested for public intoxication after the fact.
But the kicker is he didn't even know he went in, so why wasn't he arrested for public intoxication after the fact.
Posted on 11/15/12 at 3:05 pm to ScoopAndScore
quote:
Downing looks like a prick. Crazy how you can simply tell just by how someone looks.
I hear ya. Best part is he was sporting the chin-strap beard that night. Even more douchey. 
Posted on 11/15/12 at 3:17 pm to LSUdm21
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.
Don't think that a pretty good job is not going to come out of this for him, either.
Don't think that a pretty good job is not going to come out of this for him, either.
Posted on 11/15/12 at 3:24 pm to ScoopAndScore
quote:
Downing looks like a prick. Crazy how you can simply tell just by how someone looks.
they both look like pricks
Posted on 11/15/12 at 3:26 pm to JETigER
quote:
so why wasn't he arrested for public intoxication after the fact
Burden of proof. There isn't any.
Posted on 11/15/12 at 3:27 pm to TigerBait1127
yep
32 years old and waiting tables for a living
at a fricking olive garden
32 years old and waiting tables for a living
at a fricking olive garden
This post was edited on 11/15/12 at 3:28 pm
Posted on 11/15/12 at 3:30 pm to Govt Tide
quote:
As for Stamp, I don't see how the fact some idiot rubbed his junk on the side of his head somehow discredits his character in any way. He had nothing to do with that part of it. I'd be more embarrassed by the fact I had passed out in a Krystal and it was on film if I was him. Downing's behavior speaks for itself.
A lot of rape/sexual assault victims are embarrassed that they will be judged.
Posted on 11/15/12 at 3:34 pm to LSUdm21
quote:
How is this funny??
Probably the close relation between tea bags and mushroom stamps...
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?
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
Posted on 11/15/12 at 4:32 pm to 5Alive
great, a story and a thread about the moron in purple and the predator in red. 
This post was edited on 11/15/12 at 4:34 pm
Posted on 11/15/12 at 4:36 pm to BamaTiger00
quote:
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.
I understand that. I was being facetious with you saying $5,000, which is too low. I'm sorry, but a good lawyer will find plenty of damages from a sexual assault that ended in the victim being exposed to the public, all of it happening in a place of business with employees not doing anything to intervene.
Posted on 11/15/12 at 5:47 pm to Jester
quote:
I understand that. I was being facetious with you saying $5,000, which is too low. I'm sorry, but a good lawyer will find plenty of damages from a sexual assault that ended in the victim being exposed to the public, all of it happening in a place of business with employees not doing anything to intervene.
1st, no one is condoning what Downing did or belittling the fact that Garrison was a victim. I'm sure we all think Downing is scum. And I appreciate the open discussion we're having here on the practicalities of this case.
You're correct that this case may be worth more than $5k. But I never said that. I stated that's what I'd offer if I were in the Downing camp. I think that's a reasonable starting point.
quote:
a good lawyer will find plenty of damages from a sexual assault that ended in the victim being exposed to the public, all of it happening in a place of business with employees not doing anything to intervene.
Maybe, but that's a pretty broad statement. I've followed this case and while I respect your opinion, I as a trial attorney with experience in civil suits just don't see it given the current facts we have.
We can talk about this all day long and how the facts could lessen the actual damages the victim received here. Though, again, I'm not making light of what the victim endured here, you're going to find that the currect facts just aren't "plenty" to support a large verdict in a legal action (and note again, I'm on Garrison's side here and not making light of the situation):
1. Garrison was passed out. This actually matters, re: his suffering. He didn't experience any of it by his own admission. He was unconscious the entire time and had no idea the incident even took place until he saw it 1 week later on the internet. He was embarrassed after the incident.
2. Again, you say he has damages. But what are they? He was embarrassed (we'd all be). Did it cause him to drop out of school? Maybe on the surface. A few posters here have wondered if he's using it as an excuse b/c he's failing out. It's just conjecture. No one knows, but this is the type of material that will come out in discovery.
Did he seek counseling? I think we can surmise he hasn't yet. And I can all but assure you it would have been reported in that espn article. In fact, that reporter would have been drooling to include something like that in the story. We can make an educated guess that he didn't. And for this case to be worth good $$$ on a mental anguish claim, he would have had to have some counseling or something similar. Period. No way around it.
3.
quote:
all of it happening in a place of business with employees not doing anything to intervene.
This is where PL attys go for those deep pockets. I haven't heard much of anything out of the Krystal camp on this incident. I haven't rewatched the video since Jan/Feb, but just did again. You only see the Krystal worker again at the end after Downey was pretty much finished with his teabagging. The worker starts walking to the counter and disappears out of the frame. That alone is beyond insufficient to implicate Krystal. I'm sure this worker may be deposed and he's going to say 1 of a couple of things. "I saw people cheering but didn't see the teabagging act." "I saw it and went straight to tell my manager." Either way, the teabagging pretty much stopped after the worker left the video. It would have been different if the harassment continued and no Krystal worker intervened. (note: I have no idea if the worker went to tell his superiors. But you don't know he didn't either).
I'm not saying his "mental anguish" is worth $0. It's worth something. He just isn't "gettin paid" like some people think/hope.
Posted on 11/15/12 at 6:32 pm to BamaTiger00
I could only read the first couple of paragraphs of this. Not because I think it's bad reporting. Or a heinous crime.
But because any incident or memory of that fricking night is to be blotted out of my memory because of that goddamn game.
Does this make me shallow?
But because any incident or memory of that fricking night is to be blotted out of my memory because of that goddamn game.
Does this make me shallow?
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