Posts Tagged ‘damage theories’

NFL wants “restitution” over performer’s middle finger gesture

The National Football League had already been seeking $1.5 million in arbitration for alleged contractual breach against rap singer M.I.A. for extending her middle finger during a performance at the 2012 Super Bowl. “Now the NFL has added an additional claim, seeking $15.1 million more in ‘restitution’ as the alleged value of public exposure she received by appearing for an approximately two minute segment during Madonna’s performance. The figure is based on what advertisers would have paid for ads during this time.” [Hollywood Esq.]

U.K. man’s suit: church misled him “into following false beliefs”

“A retired semi-professional footballer who claims his faith ruined his chances of playing for Manchester United is suing the Baptist Church for £10 million.” Arquimedes Nganga “quit the sport aged 25 when he converted to the Baptist faith. He said: ‘I could definitely have had a long career in the Premiership'” had he not given it up. [Evening Standard]

“Relationship Breakup Following Collision ‘Too Remote To Create Liability'”

Canada: The British Columbia Supreme Court has found “that a claim for damages for a break-up of a relationship following a collision is too remote for liability.” It accepted the plaintiff’s contention that the car crash had aggravated his pre-existing problems of back pain, but said the subsequent break-up of his romantic relationship was “too remote” a consequence to give rise to liability given that the couple appeared to have been at odds over “fundamental and deep-seated issues.” [Erik Magraken]

Canadian court: alcoholism following accident is compensable injury

After a pedestrian was hit by a truck and suffered a broken elbow and other injuries, he began to drink excessively and developed clinical alcoholism with serious health consequences. Doctors testified that the man’s “pain and mood” following the injury contributed to this development, in combination with genetic predisposition (both his parents were alcoholics). A judge in the province of British Columbia found that the “alcohol abuse was caused by the Accident and that such alcohol abuse was reasonably foreseeable,” so that compensation for it could be recovered as part of the lawsuit. [BC Injury Law]

Claim: access to cable Playboy Channel caused pain, anguish

Marc Randazza (Dec. 12; source link he cites is NSFW):

A Rhode Island family filed a lawsuit in Kent Superior Court claiming that Verizon Communications caused “great pain, anxiety, nervousness and mental anguish,” by providing access to the Playboy Channel. Plaintiffs Robert Bourne, Denise Roy and daughters Elice Roy and Danielle Bourne are seeking compensation for “current and future medical bills.”

By reader acclaim: “Nude Photos on Lost Cell Phone Lead to Suit”

“Here’s some food for thought: If you have nude photos of your wife on your cell phone, hang onto it. Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald’s restaurant and the photos ended up online.” Sherman says restaurant employees had promised to secure the phone until he returned to pick it up; the story does not make clear (assuming it is known at all) how or by whom the pictures were posted. He and Tina Sherman are now suing the restaurant for damages that include the cost of moving to a new house, saying that she received threatening and harassing text and voice messages related to the pictures. (AP, Nov. 23; Northwest Arkansas Times).

The flight attendant and the televangelist’s wife

We express no opinion as to exactly how badly Victoria Osteen, wife of a celebrated evangelical minister, may have behaved on that Continental Airlines flight in 2005; “The Federal Aviation Administration fined [her] $3,000 for interfering with a crew member.” Readers keep writing in, however, to call our attention to the financial demands that flight attendant Sharon Brown is making in her lawsuit, which just went to trial. It seems Brown wants compensation not only for such things as hemorrhoids and damage to her religious faith but also, by way of punishment, “10 percent of Victoria Osteen’s net worth”. Wouldn’t we all! (“Joel Osteen’s Wife on Trial in Flight Attendant Assault”, AP/, Aug. 7).