SoCal Deek

With all due respect, that is NOT what I said Augie. But it’s clearly what you think I said.

Morning Doc If you’re referring to my posts, I never once said that the prevailing party isn’t ’entitled’ to the punitive damages…not once.

Thanks. I was thinking more along the lines of insurance against nuisance lawsuits. (And before people jump to conclusions…I’m not saying this is one!) I’m not sure how it would work, or how much you’d have to pay in premiums but it seems like you can get insurance against just about anything as long as you’re willing to pay for it. Athletes have been known to get insurance on their knees or shoulders. Maybe the very existence of such a policy would make you even more of a target, but I could imagine all sorts of claims being filed against young athletes who suddenly come into big money.

It’s essentially what professional liability insurance is. With all these young athletes coming into immediate money, I do wonder if they get insurance policies against just such a claim. I can imagine there’d be all sorts of instances when it’d come into play.

You insure your assets against a claim.

Speaking of insurance….Does anyone know whether Max can get (or may already have) insurance against such a claim?

You have to lead the kitten to the bowl of milk. You can’t just scare them off.

Since I was mentioned, my point has always been that if I brought a civil suit against someone who brought emotional damage to me, I don’t think I’d be comfortable accepting funds acquired either through a court order or from a pre trial settlement (the latter of the two is almost surely where this is headed)….but that’s just how I live my life. I’m not making a judgement on anyone else here.

A clear, reasonable, and principled response. Very much appreciated! (Way better than the ‘cut his balls off’ response.)

No worries. Have a great day!

OK Augie What would you do? I’ve stated what I would do. It’s a bit of a moral dilemma.

Yes…you definitely gave that impression. Apologize if I didn’t understand….but the wink emoji means I didn’t take it seriously. Good?

Hey! It’s the dog days of the offseason. Feel free to start a thread asking about the best left handed punter in Bills history. 😉

Pakalolo? (Not sure on the spelling.) Not my thing….but it’s early here so I’m just waiting to go for a run before hitting the beach. 😎

I’m absolutely 100% serious. You, on the other hand, just want to scream into the internet. (And cutting his balls off would be a criminal case verdict…I think?) 😉

Ugh. No …it’s not! Think of this discussion like the deliberations we’d be having in the jury room. The question I’m asking you, my fellow jury member, is who should receive the proceeds from those damages?

Wrong. I’ve not even come to a conclusion. We’re having a discussion here about a very complicated topic.

Sierra, This is why we’re having an adult discussion about a complicated issue. If you actually read my post you’ll see I’ve been careful not to judge the validity of her claim. I’m simply asking whether this is the appropriate remedy for the damage she claims that she suffered. Make sense? And to add to your question about if it was my daughter, I’ve actually thought about that exact question. The answer I’ve come to is that I don’t think I could EVER sit in the new car she bought with the proceeds….but that’s just me.

Thanks Augie The reason I bring up the funds is because a civil trial is very different from a criminal one. In a criminal case, the convicted goes to prison. The victim gets essentially nothing other than the knowledge that the convicted is locked up and therefore can’t hurt anyone else for the term of their incarceration. However, in a civil case the remedy goes directly to the victim, not to society at large. It’s why, as I’m sure everyone can tell, I’m uncomfortable with these cases. I guess it’s why I’d be less uncomfortable if the plaintiff said they were going to donate the proceeds.

Aloha people I’ve been trying to move this discussion away from the particulars of a he said, she said scenario because as I’ve posted a few times now, none of us knows what actually happened in this incident. The process will obviously play itself out. My conceptual question is whether people think that filing a civil suit is the appropriate remedy (‘justice’ as Sierra called it) for what allegedly happened here. I’m actually on the fence. On the one hand, a monetary settlement doesn’t seem particularly appropriate when the victim hasn’t been monetarily damaged. On the other hand I can understand the frustration of the alleged victim if all other avenues of redress have been (at least in her mind) exhausted. It’s on that point that the timing comes into play. Is it appropriate, as a victim, to simply wait in the weeds and pounce when the defendant comes into money? How does their financial status bring you justice? Are you promising to donate all proceeds to a women’s shelter? If the true intent is to get back at the defendant couldn’t you have done more actual damage to the defendant by bringing this into court BEFORE he even got to this point? I could go on, but I’m curious what people think. Believe me…I realize it’s hard to have such philosophical discussions on a message board.

Sierra I’m trying to have a conceptual conversation here but you want to just keep stating things we all already know. I’m guessing I’m not going to make much progress and they’re closing the airplane doors so I have to sign off. Mahalo!

Really? Go figure! The issue here is that the remedy being sought is money, when it’s unclear what monetary damages the plaintiff is seeking to recover. Do you know?

A civil suit is at its very essence, a money grab. That doesn’t mean the incident didn’t occur but the remedy being sought is in fact, money.

$2,000 spread over ten years works out to $20.00 per game, and less if it gives you access to other events. In ten years that’ll be chump change. Seems like a good price to guarantee a sideline spot under the roof.

I don’t think anyone can judge the situation between the girl and Mad Max. But I do have wonder why the Bills took the plunge seeing as how they knew all about it. It’s not like he’s a sixth round punter. If this goes bad, it’s a helluva public relations nightmare.