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Where Are They Now? LeCharles Bentley
Posted on 7/24/10 at 9:10 am
Posted on 7/24/10 at 9:10 am
Former Browns center LeCharles Bentley, whose playing career ended after complications from staph infection, is suing the Browns for fraud and negligent misrepresentation.
Attorney Shannon Polk said that Bentley has filed suit in Cuyahoga County Court of Common Pleas. The case has been assigned to Judge Joseph D. Russo. It asks for in excess of $25,000 for pain and suffering, plus punitive damages.
Bentley is the second former Browns player to sue the team as a result of a staph infection. Receiver Joe Jurevicius reached a settlement in his suit in June. Terms of the settlement were kept confidential.
LINK
Okay, I get suing. What I don't get is $25K. With the millions that he earned that amount would almost seem more trouble than it's worth. It seems the issue would justify a much higher amount to me.
Or, is he just doing it for the principle involved?
Or, could he be another athlete who splurged it all and is down to scouring for that?
Anyone with knowledge about him or this type of legality?
Attorney Shannon Polk said that Bentley has filed suit in Cuyahoga County Court of Common Pleas. The case has been assigned to Judge Joseph D. Russo. It asks for in excess of $25,000 for pain and suffering, plus punitive damages.
Bentley is the second former Browns player to sue the team as a result of a staph infection. Receiver Joe Jurevicius reached a settlement in his suit in June. Terms of the settlement were kept confidential.
LINK
Okay, I get suing. What I don't get is $25K. With the millions that he earned that amount would almost seem more trouble than it's worth. It seems the issue would justify a much higher amount to me.
Or, is he just doing it for the principle involved?
Or, could he be another athlete who splurged it all and is down to scouring for that?
Anyone with knowledge about him or this type of legality?
5
Posted on 7/24/10 at 9:44 am to blueslover
I'm a scientist, not a lawyer, but I think the punitive damages are where the big bucks are at. $25,000 for the pain and suffering, plus $10 million in punitive damages, for example. Just my take.
Posted on 7/24/10 at 6:10 pm to blueslover
quote:
in excess of $25,000 for pain and suffering
It's just the way Ohio law is setup, you only have to declare that you are suing for more than 25k
Posted on 7/24/10 at 9:35 pm to blueslover
yeah, he'll cash in on punitive damages, I have nothing bad to say about Bentley, he wrote a nice article awhile back about NO, the people, and his time there. Wish him well!
Posted on 7/25/10 at 12:40 pm to blueslover
quote:
Okay, I get suing. What I don't get is $25K. With the millions that he earned that amount would almost seem more trouble than it's worth. It seems the issue would justify a much higher amount to me.
quote:
It asks for in excess of $25,000 for pain and suffering, plus punitive damages.
Posted on 7/25/10 at 2:31 pm to moneyg
otay, got it, best of luck to him
I've read some other recent articles where he's been doing some nice community work
I've read some other recent articles where he's been doing some nice community work
Posted on 7/25/10 at 9:16 pm to blueslover
Under the laws of most states, a plaintiff only needs to attest to the fact that the damages exceed $25,000 to get the case into circuit court and not a lower level court. It is a threshold to help cases get assigned to the correct level of court. A plaintiff does not need to state the exact amount of damages because, often times, the exact amount of damages are not known at the outset of a lawsuit.
Also, it is highly unlikely that Bentley will get any punitive damages even if he does win. I do not know the facts of the case (or the specifics of Ohio law) but punitive damages are rare in civil negligence actions. To get punitive damages, most states require that the plaintiff prove that the actions of the defendant were wanton and/or malicious (basically, the defendant had to purposefully intend to injure the plaintiff.)
On a completely different note, LeCharles Bentley now runs O-LineWorld.com, which is a great website for offensive line play/coaches.
Oline World
I practiced law for 5 years before becoming a high school offensive line coach. So, this post was the odd situation where I could contribute in 2 ways...
AJ
Also, it is highly unlikely that Bentley will get any punitive damages even if he does win. I do not know the facts of the case (or the specifics of Ohio law) but punitive damages are rare in civil negligence actions. To get punitive damages, most states require that the plaintiff prove that the actions of the defendant were wanton and/or malicious (basically, the defendant had to purposefully intend to injure the plaintiff.)
On a completely different note, LeCharles Bentley now runs O-LineWorld.com, which is a great website for offensive line play/coaches.
Oline World
I practiced law for 5 years before becoming a high school offensive line coach. So, this post was the odd situation where I could contribute in 2 ways...
AJ
This post was edited on 7/25/10 at 9:20 pm
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