There is a bizarre case out of New Orleans where Alabama football fan Brian H. Downing has begun serving a two-year sentence for “teabagging” an unconscious LSU fan outside a Bourdon Street restaurant — a vile humiliating act that was videotaped and posted on YouTube. The victim is also suing Downing in tort. Notably, Orleans Parish Criminal District Judge Karen Herman commented at sentencing that he “chose wisely” in accepting the plea bargain — indicating that she would have hit him with an even higher sentence for the disgusting act.
Category: Torts
There was a justified outcry recently when a video surfaced (below) of an Ohio man William Bailey making fun of a young girl with cerebral palsy at a bus stop. It is a brief video but enough to enrage a nation. Now, Canton Municipal Judge John A. Poulos ordered the maximum sentence for Bailey, who pleaded no contest to reduced misdemeanor charges of disorderly conduct and aggravated menacing. I realize how emotionally charged this case has become, but should mocking be treated as a criminal act?
There is another lawsuit against a police department for shooting a family dog without provocation. The latest victim is Rosie, a 3-year-old Newfoundland belonging to Charles and Deirdre Wright in Washington state. Rosie got loose and ended up in the backyard of Lora Perry. Perry said that police came and shot and killed Rosie who was not being aggressive in any way in her yard. The Wrights have now filed a civil rights suit.
Continue reading “Washington State Family Sues Over Killing Of Dog in Neighbor’s Backyard”
We have yet another case of a pet paying for the bad relationship of humans. Richard J. Atkinson, 63, pleaded guilty to stabbing the parrot, Bailey, of his former girlfriend with a serving fork. He then trashed the house. For the crime, he has received a six month jail sentence.
Continue reading “Washington Man Receives 6 Months in Jail for Killing Parrot of Ex-Girlfriend”
We have previously discussed the potential liability stemming from pranks. This video sent to me by a former student seems the perfect avenue for an infliction of emotional distress claim or negligence claim after inducing a heart attack in the subject.
Continue reading “Joke or Tort: Elevator Prank Raises The Question of Liability After The Laughs”
We previously discussed the untimely and untidy death of Edward Archbold, 32, who collapsed after winning the title as the world champion roach eater. We speculated about the possibility of liability for a “bad roach.”
The autopsy is now in on Archold and the finding is that he choked to death on the roaches.
Continue reading “Autopsy Shows California Man In Roach-Eating Contest Choked To Death”
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
Alabama lawyer James Stewart Robinson, 45, just may be the lawyer Michael Vick was looking for. Robinson has been charged with cruelty to a dog after he allegedly slit the throat of his family’s pet pit bull and then texted a photo of the dead dog to his estranged wife. The two are in the midst of a bitter divorce and had been arguing of custody of the dog, named Rufus.
The City of Detroit has left whole areas without street lighting and even proposed allowing buildings to burn rather than spend the money on fire fighters. However, the city is now facing a $1.1 million default judgment in a civil rights suit after its attorneys failed to respond to the lawsuit.
In torts class, we often discuss the limitations placed on the protection of property under the common law. While many states have passed controversial Castle Doctrines or “Make My Day” laws and others have extended such privilege to use lethal force to cars or workplaces (under Make My Day Better laws), the common law does not allow people to use force calculated to cause serious bodily injury or death in defense of property. Many stores instruct employees not to use physical force with shoplifters for that reason or to try to stop armed robberies (including cases where stores have fired such heroes). It appears that a security officer is out of job after a scuffle with an alleged shoplifter caused the middle-aged suspect to have a heart attack and die outside of a Walmart.
Continue reading “Alleged Shoplifter Dies After Struggle With Security and Staff At Georgia Walmart”
In class, we often discuss the limitations on liability from fire under the common laws. This weekend showed how extensive, and foreseeable, such damage can be with a gas explosion. On Friday night, a strip club exploded in Springfield, Massachusetts — burning ten buildings including The House of Mercy church next door.
Continue reading “Massachusetts Strip Club Explodes and Takes Out Church Next Door In Gas Explosion”
Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”
In celebration of Thanksgiving, I give you our annual Turkey Torts of a few potential and actual lawsuits from this holiday. Putting aside the regular murders occurring on this holiday by family members, the holiday continues to be replete with torts from deep-fried Turkeys to salmonella salads. The holiday gives personal injury lawyers a great deal to be thankful for.
As noted on our annual Turkey tort posting, deep-fried turkey remains one of the main reasons for admissions in Emergency Rooms around the country. My friend who heads one of the largest Emergency Rooms in this area says that it is virtually all men with burn injuries. For those deep frying this holiday, here are a few cautionary tales.
Brian and Christa Caponi of Gulf Breeze Florida loved to watch their pet “Tom the Turkey.” It appears that their neighbor, Jacob Hayden Provo, 18, saw something more tangible: a Thanksgiving dinner.
Continue reading “Tom The Turkey: Vittles or Victim?”