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So the Nkemdiche situation...
Posted on 2/18/14 at 11:09 pm
Posted on 2/18/14 at 11:09 pm
I have been away from a computer all day and just saw this. Somebody give me some cliffs, and if there are any lawyers on the board give me some info on how civil suits such as these usually go, and why it would be filed a year later.
I also want to know how these damages would be paid if they are upheld, and what sort of punishment this would require, like whether they would be kicked off the team.
I don't have time for mindless sunshine pumping, just well thought out serious responses. I don't want to hear about lack of evidence from the previous investigation either because I don't think that applies in civil cases.
I also want to know how these damages would be paid if they are upheld, and what sort of punishment this would require, like whether they would be kicked off the team.
I don't have time for mindless sunshine pumping, just well thought out serious responses. I don't want to hear about lack of evidence from the previous investigation either because I don't think that applies in civil cases.
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Posted on 2/18/14 at 11:28 pm to OBReb6
quote:
civil suits such as these usually go
Settled before trial if the plaintiff has a decent shot. As far as filing a year later, with some of the claims made and the comical amount of money sought, you'd need that time to set the frame work i.e. doctors visits and shrink visits for the emotional distress etc.... Odds are this has been in the works for about 6 months.
quote:
don't want to hear about lack of evidence from the previous investigation either because I don't think that applies in civil cases.
It absolutely does apply here. Obviously, I'm not privy to the police report, but based on the fact nothing came of it the defendants should be in great shape unless there is video or something of that nature. All the "eye witnesses" in the world can't beat a police report most of the time.
quote:
I also want to know how these damages would be paid if they are upheld, and what sort of punishment this would require, like whether they would be kicked off the team.
Depends on what the judgement or settlement is. It won't be anywhere near $2mil. Not to mention, we don't really know what the Nkemdiches have asset wise.
The civil suit shouldn't affect their eligibility in any way though.
This post was edited on 2/18/14 at 11:36 pm
Posted on 2/18/14 at 11:59 pm to Rebelgator
I think the fact that 5 football players have been released only as "John Does" when the article says they have been identified makes the story even more BS.
If they know the other players, why release Rob and Den's name and not the others?
If they know the other players, why release Rob and Den's name and not the others?
Posted on 2/19/14 at 12:05 am to pankReb
Doesn't add up. If they were minors, then that would be why, but they couldn't still be.
Posted on 2/19/14 at 12:22 am to Rebelgator
quote:
Doesn't add up. If they were minors, then that would be why, but they couldn't still be.
No way they could still be minors. Even if they were, it's typical for the release to include the disclaimer that the names were held because they're minors.
Posted on 2/19/14 at 12:26 am to pankReb
I'm still trying to figure out why a firm composed mostly of tax lawyers took this case.
Posted on 2/19/14 at 12:47 am to Rebelgator
quote:
All the "eye witnesses" in the world can't beat a police report most of the time.
I wish this was true after my wreck last summer.
Posted on 2/19/14 at 2:11 am to OBReb6
Man if I was the nkemdiches I'd set up a counter suit for slander and defamation. And if I was their lawyer, every witness that was called up to the stand the very first question I would ask is were you drinking that night? How much did you have?
Posted on 2/19/14 at 7:11 am to OBReb6
Like someone mentioned (gator?), the plaintiff has probably making multiple visits to different dr.'s to establish he needed prolonged treatment for his "injuries."
Second, I highly doubt they'd be kicked off the team. There were no criminal citations issued- this is a civil matter. The fact there were no citations greatly helps the nkimdeche's case.
Third, not pumping sunshine here, the guy that allegedly was beat up at the KA house was probably not a KA. That means witnesses who were at the party (KA's) are most likely to have little evidence to support the plaintiff who is surely some redneck who showed up randomly over the likes of people who normally hang out at the house. Plus they were probably all drunk
I don't see this going anywhere, IMO
Second, I highly doubt they'd be kicked off the team. There were no criminal citations issued- this is a civil matter. The fact there were no citations greatly helps the nkimdeche's case.
Third, not pumping sunshine here, the guy that allegedly was beat up at the KA house was probably not a KA. That means witnesses who were at the party (KA's) are most likely to have little evidence to support the plaintiff who is surely some redneck who showed up randomly over the likes of people who normally hang out at the house. Plus they were probably all drunk
I don't see this going anywhere, IMO
This post was edited on 2/19/14 at 7:15 am
Posted on 2/19/14 at 8:56 am to pankReb
quote:
If they know the other players, why release Rob and Den's name and not the others?
Because the other players haven't been named as defendants. Unless the plaintiff plans on releasing the other players at some point, he'll have to amend his complaint and name them as defendants. Their names will be public then.
ETA: When a plaintiff wants to sue someone and he doesn't know the person's name, he will list them as John Does in the complaint. So in this context, "John Doe" is basically a placeholder. It isn't for confidentiality or anything like that.
If the guy suing the Nkemdiches already knows the identity of the other five players, it doesn't make sense to list them as John Does. He likely hasn't sued them because he is looking for deeper pockets.
Comparative negligence is a significant factor, too. That applies to the plaintiff's own potential negligence, as well as each of the defendants. For example, a jury could find that the plaintiff was 20% at fault, Robert was 5%, Denzel was 20%, John Doe 1 was 15%, etc. I won't even get into joint and several liability.
If the plaintiff gets a judgment, he can try to collect it for seven years. But even after that seven years expires, he can just re-enroll it for another seven years. He can basically keep doing that for as long as he likes. He's hoping someone gets popped for a judgment and then makes it to the NFL.
This post was edited on 2/19/14 at 9:13 am
Posted on 2/19/14 at 9:03 am to dtmb
quote:
Because the other players haven't been named as defendants. Unless the plaintiff plans on releasing the other players at some point, he'll have to amend his complaint and name them as defendants. Their names will be public then.
yeah, I'm aware of that. That's why I'm saying this entire thing is fishy as frick.
If this really happened that night, RN allegedly did nothing more than the 5 unnamed guys. Why name RN but not the others....if they know who the other 5 are?
also....apparently this happened on his visit last year. Didn't he take his official visit for the Egg Bowl last year?
Posted on 2/19/14 at 9:07 am to pankReb
He took 4 UVs. So that's easily explained.
Posted on 2/19/14 at 9:09 am to DMagic
forgot about that.
Posted on 2/19/14 at 9:15 am to pankReb
quote:
If this really happened that night, RN allegedly did nothing more than the 5 unnamed guys. Why name RN but not the others....if they know who the other 5 are?
If I had to guess, the other five defendants don't have deep enough pockets, their dad's aren't doctors, and they don't project to the NFL as much.
Posted on 2/19/14 at 9:17 am to dtmb
quote:
If I had to guess, the other five defendants don't have deep enough pockets, their dad's aren't doctors, and they don't project to the NFL as much.
But with them being part of the OM football team, I would assume they could go after the Athletics Dept. to pay.
Posted on 2/19/14 at 9:37 am to pankReb
quote:
But with them being part of the OM football team, I would assume they could go after the Athletics Dept. to pay.
It seems very unlikely that they would get a judgment against the athletic department. I can't imagine how the department would be liable, even if multiple football players were involved. It wasn't at one of the department's facilities, and it wasn't during an event. And even if it had been, I think the plaintiff would have to prove more than that. But that would be getting more into premises liability.
Posted on 2/19/14 at 9:40 am to dtmb
Pretty typical for a civil suit to shoot for the moon and see what sticks....
The argument could be made that the Athletic Dept. is liable because of a complete lack of institutional control. Not saying that they actually are liable....but hell, make the argument and see if it sticks.
Also...I think, as an athlete, you're covered by the University in several aspects. Medical care...for example.
The argument could be made that the Athletic Dept. is liable because of a complete lack of institutional control. Not saying that they actually are liable....but hell, make the argument and see if it sticks.
Also...I think, as an athlete, you're covered by the University in several aspects. Medical care...for example.
Posted on 2/19/14 at 9:47 am to OBReb6
quote:
I have been away from a computer all day and just saw this. Somebody give me some cliffs, and if there are any lawyers on the board give me some info on how civil suits such as these usually go, and why it would be filed a year later.
I'm not sure of the statute of limitations in Mississippi, but in Louisiana, the SOL is one year for tortuous/delictual actions, such as an assault or battery.
quote:
I also want to know how these damages would be paid if they are upheld, and what sort of punishment this would require, like whether they would be kicked off the team.
They will likely not be kicked off the team because this is a civil suit, not a criminal matter. However, I haven't heard of many civil suits for current SEC football players. This literally has no bearing on the University, the State, or the SEC. This merely is involved with the Nkemdiche family and the Nkemdiche family only.
Likely, the case will settle and the Nkemdiches will pay far less than $2,000,000. Almost 98% of cases in federal civil court settle before a trial and this case is subject to federal jurisdiction.
Posted on 2/19/14 at 9:48 am to 478rebel
quote:
Man if I was the nkemdiches I'd set up a counter suit for slander and defamation. And if I was their lawyer, every witness that was called up to the stand the very first question I would ask is were you drinking that night? How much did you have?
Will happen, unless they settle, which is more likely to occur.
Also, most of those questions will get asked in depositions, not on the stand.
Posted on 2/19/14 at 9:50 am to dtmb
quote:
Comparative negligence is a significant factor, too. That applies to the plaintiff's own potential negligence, as well as each of the defendants. For example, a jury could find that the plaintiff was 20% at fault, Robert was 5%, Denzel was 20%, John Doe 1 was 15%, etc. I won't even get into joint and several liability.
Comparative negligence doesn't apply to the intentional torts at issue here or intentional torts at all.
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