Such a litigious society...
- Thread starter dawgstudent
- Start date
********.. you file suit for the total amount of your hospital bills. Not .5 Million.
I remember seeing this when it happened and it was for sure the ESPN cameraman fault. I hate all the sueing going on nowadays but this time I completely agree with it. She will probably have problems with her leg the rest of her life
Yeah but there is no telling if she will have to have pain injections in the future or even more surgeries which could cost a lot more
She ought to sue for whatever she thinks she can get. ESPN has wads of money and her leg will never be the same for her entire life. I don't like it when people sue and get money for their own stupidity but this was in no way her fault and when you wear that suit you don't have the same visibility you would normally have. I say good luck to her in the court system.
Yep. She should be compensated significantly more than just her hospital bills, and ESPN and MSU, if at fault, should have to pay it. She has lost more than just money and negligence should be punished with more than just the dollar amount of hospital bills.
I don't get that either, but it's got something to do with the costume and how it's hard to see out of. There's probably a tag inside the headpiece that warns of limited visibility anyway, so I doubt she can go that route.
ETA: Well evidently some MSU employees didn't do their job of spotting for her.
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Spot on.
For the dollars involved, this is one ESPN should have made go away. And quickly.
It won't make it that far but get this to the right jury and it could be jackpot.
Now why isn't Sharpton here banging his drum of injustice?
As patdog said, if the demand is stuck at 500K then ESPN isn't just going to throw the money at her. If her medical bills are truly 31K then the 500K demand for pain and suffering is over 16X that. That's pretty generous, especially since they will be in a federal court venue. They'll likely get into some discovery in the litigation to see if she really has any possibility of future problems/rehab or if she's fine now, and then settle somewhere in the middle.
$500K IS a lot of money considering her injuries. If it wasn't, they would be asking for $1M at least. Of course she will settle for less then $500K, just like ESPN will pay more than their first offer. Right now, both sides are just posturing to try to get the best deal. Ultimately, they will agree on an amount and the suit will be settled.
She might settle for less than that down the road, but how do you know that she was before the suit was filed? And 500K is pretty high for a non-femur leg break with 31K in meds. It will settle somewhere in between though.
Once I read she sued State for wearing a mascot head that doesn't have great peripheral vision - I stopped reading. I can understand suing ESPN.
One thing I have figured out in my years of legal work, and that is to never form an opinion on someone else's case, particularly when you only have the facts as reported in the media. Since they have not been able to reach a quick settlement, then at least one side is probably being unreasonable, but its hard to say for sure. Having witnessed the accident (on tape, not live), I'm a little surprised the insurance companies didn't just immediately write a big check, but maybe they believe she was partially at fault....
Uhh...forming an opinion on someone else's case is exactly what you're doing
ESPN might have video of this girl playing beach volleyball two months after the accident for all you know.
ESPN might have video of this girl playing beach volleyball two months after the accident for all you know.
Yep, which I would find a little surprising. I haven't formed an opinion at all....I'm just a little surprised it didn't settle quickly. Could be any number of reasons why it didn't settle, but my experience tells me at least one side is probably being unreasonable. Maybe both sides.
Not saying she is entitled to 500K but.....
She is entitled to more than just her hospital bills. First of all her attorney has to be paid. Secondly, she undoubtedly suffered more loss than just the hospital bills and she also has to consider the likelihood of diminished use of that limb and possibly future medical issues. $75K sounds pretty reasonable to me.
She is entitled to more than just her hospital bills. First of all her attorney has to be paid. Secondly, she undoubtedly suffered more loss than just the hospital bills and she also has to consider the likelihood of diminished use of that limb and possibly future medical issues. $75K sounds pretty reasonable to me.
I don't think that there is a release that would encompass her being run the 17 over.
She shouldn't have been trying to do stuff like getting a job and earning money to pay for school. The fact of the matter is that if you want to earn money for doing something you should be willing to deal with whatever consequences there are.
(Am I doing it right??)
(Am I doing it right??)
FWIW, I don't think she's suing MSU over the mascot head visibility. The Complaint does mention the limited visibility of the head, but that seems like more of an explanation that she couldn't see what was coming. None of the allegations of negligence reference the mascot head, instead focusing on failing to keep proper control of the cart, failing to keep a proper lookout, and failing to warn. (These allegations don't distinguish between ESPN and MSU. If the cart was under the control of ESPN, then it seems likely ESPN would bear most if not all of the fault.)
Also, the suit alleges her fractured tibia and fibula punctured not only her skin, but also the Bully costume, which is freaking nasty.
Also, smart move filing suit in federal court rather than Oktibbeha County Circuit Court, in order to draw from a more diverse jury pool that may be more inclined to assess fault against MSU. (Sorry, I'd post the Complaint, but don't know how.)
Also, the lawyer who filed the Complaint (not the one mentioned in the article) went to OM for undergrad, for any conspiracy theorists out there.
I wonder if she even complain about the vision in the suit? Still not as bad as the former baseball player law suit several years ago.
Agree. When I was reading I thought the number would be much higher than 75k. I get more than 75k worth of enjoyment out of my leg. Can't imagine if I had to factor in Dawgstudent's kicking prowess.
75K is the minimum you have to seek to get
in federal court in a case where there isn't a federal issue. It has nothing to do with what she is ultimately seeking, but you must state in your federal pleading that AT LEAST that amount is in controversy (whether she is awarded that much or not).
in federal court in a case where there isn't a federal issue. It has nothing to do with what she is ultimately seeking, but you must state in your federal pleading that AT LEAST that amount is in controversy (whether she is awarded that much or not).
On this note, she was in costume at the Road Dawgs Tour stop in Memphis last summer, merely 7 months after the incident. She came and sat at our table after she was done with the appearance and the coaches began talking. She said she was completely recovered at that time. She's from West Virginia and just mentioned how glad she was that her parents had came to Starkville for Thanksgiving because it helped tremendously that they were already in town the night it happened.
I believe she transferred to Bama (at least wanted to) because her boyfriend was one of the Big Al mascots (you can't make this up). A friend of mine is in our mascot rotation and knew her well.
I believe she transferred to Bama (at least wanted to) because her boyfriend was one of the Big Al mascots (you can't make this up). A friend of mine is in our mascot rotation and knew her well.
Bammer fan making fun of hurt MSU student. Typical.
Don't you have a Saban Cake to make or something?
Spawn of BEAR had a bad day, huh?
Don't you have a Saban Cake to make or something?
Spawn of BEAR had a bad day, huh?
There are more claims against MSU than just the fact of limited visibility. She also has to sue all potential parties, including MSU, or she leaves herself wide open for ESPN to run an "open chair" defense and blame everything on MSU - since MSU would not be there to rebut that claim.
The $75,000 referenced in the article is simply a statement she would have made in her Complaint to get past one of the thresholds for federal jurisdiction. Her medical bills were only $31,000, according to the article, and her opening demand was for $500,000. That doesn't mean that she is still demanding $500,000 at this point, just that she started there. While that is a completely unreasonable number, it is pretty standard for opening demands to be outrageous. I think there is case law against an award over 10x actual damages, though if she was unable to work during her rehab or there are other factors, then she could certainly blackboard more in damages that just the medical bills.
Prediction time: they will settle this thing for $75,000 - $100,000, with ESPN chipping in significantly more than MSU. I doubt we'll ever know the result though.
Absurd. You clearly haven't been injured or had someone close to you injured by others. If you did, then you would understand the significance of money over just the hospital bills. There is rehab. There are potential down the road medical costs. There is the loss of future earnings(in many cases) due to the injury.
There are legal fees too.
What a joke of a post.
Pushing for more than just the hospital bills doesn't automatically mean some greedy person is trying to scam the system and make life more expensive for the rest of us. I say this because I assume its your view, based on your post.
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