Posts for lawsuit

Claude Giroux is Being Sued for This 2011 Car Accident

Kyle Scott - May 23, 2013

A reader sent us this photo of a fender bender Claude Giroux was involved in on December 10, 2011, the same day that Giroux was kicked in the back of the head by Wayne Simmonds and suffered a concussion. He had a bad day that day.

Now Giroux is being sued by the woman he hit (and her husband!) for damages, injuries, inconveniences and, yeah, marital problems suffered as a result of the crash. In turn, Giroux is suing Frederick Chevrolet because, at the time of the crash, he was driving one of their Camaros as part of a sponsorship deal. Giroux was under the impression from Frederick that he was covered by their insurance, but he wasn’t. The woman, Nicole Ransom (some last name here…), and her husband, Norman, are suing Giroux, Frederick, its insurance company and other Chevy-related entities on three different counts for roughly $1 million… yeah, from that accident.

Count 1: Negligence. Basically, Ransom is claiming that Giroux is a shitty driver who was going too fast, following too closely and failed to take evasive action to avoid the accident. As a result, she “sustained serious and permanent physical injuries, including but not limited to, cervical spine strain and sprain, thoracic spine strain and sprain, lumbar spine strain and sprain, bilateral upper trapezius fibromyositis, and severe damage to her nerves and nervous system.” Those injuries, she alleges, have caused her “mental anguish, physical pain and inconvenience.” And:

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They are seeking $50,000 plus interest and court costs from each of the six parties on that count.

Count 2, my favorite: Loss of consortium. This:

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They are seeking $50,000 plus interest and court costs from each of the six parties on that count.

Count 3: Property damage. The Ransoms “sustained severe property damage to their motor vehicle, towing and storage costs and rental charges.”

They are seeking $50,000 plus interest and court costs from each of the six parties on that count.

Court documents say that a jury trial is demanded.

Meanwhile, Giroux had already filed a lawsuit against Frederick back in February claiming that he attempted to get insurance on the Camaro, but was not approved. He said that he was then assured by Frederick that he was insured under the dealer’s insurance to be driving the vehicle. He wants Frederick to pay all charges relating to Ransom’s lawsuit.

I spoke with the reader who sent us the photo of the accident– he says that it didn’t appear to be that serious and that the woman was standing outside the car and talking cordially with Giroux and what looked to be Jody Shelley, who was following behind (the reader wasn’t sure on the second player, though). [UPDATE: Ready Tommy says he saw the accident as well and it was Brayden Schenn who followed behind G, not Shelley. Also said woman didn’t appear hurt.] He said it looked like Giroux was signing an autograph for Ransom, but that it could have been some sort of paperwork related to the accident. Regardless, he feels that Ransom’s claims seem excessive in this case. Can’t argue there.

I’m willing to bet this gets settled out of court.

You can view both lawsuits after the jump. I’ve redacted Giroux’s address… which was (still) listed as Danny Briere’s. Continue Reading

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Know Your Loon: Andrew Bynum is Being Sued by “Racist” Neighbors, Who are Accusing Him of Carrying Guns, Smoking Weed, Blasting Music (and More!)

Kyle Scott - November 29, 2012


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Pic via (@dannydobbs), from last night's season ticket holder event

 

Send lawyers, guns and money

The loon has hit the fan 

 

BYNUM!!!!!!!!! The Andrew Bynum era has taken another twisted turn on the heels of this TMZ report from late last night. According to the site, Bynum and his former neighbors in Westchester, California, where the Sixers not-star still keeps a home, have each filed a lawsuit against the other. Bynum is claiming that he has been constantly harassed by Ramond and Cindy Beckett and that the couple has objected to "his profession, his race, his friends, his cars and his taste in music." He also alleges that the Becketts chipped the paint of his Ferrari by throwing coins at it and banged the side of his house with “a long stick.” Das racist.

The Becketts claim that Bynum’s lawsuit was just a way of deflecting the suit they were already preparing to file against him. They're accusing Bynum of being the neighbor from hell. Go: [TMZ]

— brandishing FIREARMS in an attempt to intimidate the Becketts 

— "apparently" using drugs and allowing weed smoke to drift next door

— blasting loud, profane rap music (including the song "Currency" by Trina)

— blasting his video games at "window-shaking volumes"

— letting his dogs run loose through the neighborhood

— constantly racing his luxury cars at dangerous speeds

 

That also could have read: He plays in the NBA. But it’s at this time that I’d like to commend you, the reader, for your sleuthy photo work. You’ve sent us pictures of Bynum brandishing firearms…

image from mobilwi.typepad.com

… filling up what is the presumably the Ferrari mentioned in the lawuit (the FF, which starts at $295k)…

image from mobilwi.typepad.com

… and around video games (from a season ticket holder party held last night at Chickie’s and Pete’s Play2):

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That’s good work by you, hitting almost every bullet point in the lawsuit. There’s no picture of him getting high (yet), but I imagine he’d look something like this: 

image from mobilwi.typepad.com

Circling back to that season ticket holder party at Play2: The Sixers had originally planned to hold the event at North Bowl (according to some readers), but moved it to Play2 at the last minute. We can’t imagine why!


image from mobilwi.typepad.com

We’ll keep you updated on the lawsuits, which were seemingly filed a while back. The Becketts have since sold their house.

H/T to everyone on the interwebs

In a Lawsuit, ex-Union Coach Peter Nowak Provides all the Reasons Why He is an Asshole

Kyle Scott - July 24, 2012

image from mobilwi.typepad.com

Several times over the past year, we told you that (now ex-)Union coach Peter Nowak was an asshole. Now we have some evidence… provided by Nowak’s lawyer in a wrongful termination lawsuit filed against the Union last week. Documents from the lawsuit were obtained by Philly.com.

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The details:

In June, Union CEO Nick Sakiewicz announced at a press conference that Nowak had been fired. The announcement wasn’t much of a surprise, as it came in the midst of a lousy start for the Union and on the heels of a report that Nowak was actively seeking the head coaching position with Hearts, of the Scottish Premier League. It was clear that there was some friction between Nowak and the front office, players, and even fans. Still, though, the team softened the language at the press conference, saying only that Nowak had “stepped down.” Against his will, of course.

What really happened?

The Union told Nowak he was being fired and gave him one of two options: either sign a termination agreement (this one) that would pay him only through only the end of 2012 – not 2015, like his contract (this one) stipulated – or don’t sign, in which case he would not be paid any severance and his contract would not be honored based on reasons (causes) that were detailed in a letter to Nowak (this one). 

In the lawsuit (this one), Nowak, who was to be paid roughly $400,000 a year through 2015, claims wrongful termination, citing a clause in his contract (this one) that states he be given 15 days to “cure the occurrence” of any cause for termination. Of course, the lawsuit makes no mention of the sentence that follows that clause: except that Club shall have no obligation to provide Manager such opportunity to cure if Club determines, in its good faith judgment, that the occurrence is of a nature that is not curable or that Manager's continued  employment during a cure period could be reasonably be expected to result in material harm to Club.

Translated: If the Manager is such a colossal asshole beyond repair, and keeps trading away our best players, we can fire him without notice

Nowak's lawyer left that part out.

The letter detailing those causes for termination (this one) is awesome, along with the separation agreement detailing Nowak's two options (take the severance or receive nothing), were given to Nowak on the day he was fired– there was no 15-day notice. 

So what were the causes, you ask? Mr. Nowak’s attorney included the letter in the lawsuit, and I can’t imagine it is going to help his client, either in this case or in the long-term.

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Phillie Phanatic Being Sued For Tossing Woman Into Swimming Pool

Kyle Scott - June 12, 2012

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What? The Phanatic?! Yes, the Phanatic.

According to a lawsuit filed last week, an Abington woman claims that while attending a wedding at The Golden Inn in Avalon in 2010, the Phillie Phanatic tossed her and her lounge chair into the shallow end of a swimming pool, causing injuries to her “head, neck, back, body, arms, legs,  bones, muscles, tendons, ligaments, nerves and tissues”… head, shoulders, knees and toes (KNEES AND TOES!). 

[Philly.com]

"The next day she really felt it and had a difficult time getting out bed and had a difficult time participating in the wedding," Denker said.

Since it was unclear who was actually in the Phanatic costume that day, Peirce is suing both Tom Burgoyne and Matt Mehler or any other unnamed individual who was portraying the Galápagos Islands native there, the complaint claims. The team and The Golden Inn are also named as defendants.

 

That sounds awful. But it also sounds like a gross exaggeration. Unless you’re diving head-first, being tossed into a swimming pool, even the shallow end, rarely results in serious injuries, one would think. And what does difficult time participating in the wedding mean? She couldn't dance? Couldn't get to the open bar? Couldn't catch the bouquet and have her lifelong dream of being swept off her feet and nuptualized by a tall, dark (green?) and handsome man fulfilled? What. Does. It. Mean.

Philly.com points out that the Phanatic has been sued three times in the last 10 years, though most of those claims result more from the accidental collateral of a giant green thing in our midst than they do a mascot intentionally hurling unsuspecting fans into pools.

The accuser's lawyer, Aaron Denker, said the Phanatic wasn’t a part of the particular wedding his client was attending.

Whatever the case, perhaps The Golden Inn may want to remove that picture of the Phanatic from the home page of its website.

Video after the jump of the Phanatic at The Golden Inn. It appears to have been taken a month before the fan-tossing incident.

This story was originally posted with the title "… empty swimming pool," which would have been decidedly more ridiculous. Sorry about that. Somehow, I misread original story. Twice.

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Mets Fan Redefines Greed

Kyle Scott - August 9, 2010

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I feel bad for a guy who took a bat the the head, I really do.  But I begin to hate him when he decides to sue everyone within reach for an accident.

James Falzon is suing the Mets, Major League Baseball, a maple bat manufacturer, Luis Castillo and Ramon Castro over an incident that happened three years ago.  In August of 2007, Falzon was hit by a piece of Luis Castillo's shattered maple bat, resulting in facial fractures and broken teeth (a Mets fan with broken teeth, shocking- can we prove it was the bat?).

Falzon, who obviously didn't read the disclaimer on his ticket, wants to get a piece of everyone within reach.  I know how lawsuits work- go after the deep pockets-  but this is ridiculous.  While he might have a case against the bat manufacturer, and maybe MLB (maple bats have come under much scrutiny for splintering), it is pure greed to go after the team and the players, who were simply using an approved product.

His suit even contends that players are the ones at risk.  Ok, so why sue the player?

What are your thoughts?  Is Falzon justified or is he going too far?

We do know one thing: that maple to the face was nothing compared to what the Phillies did to Mets fans a few weeks later.  That suit is still pending.

H/T to reader Dan Bello for sending this over

UPDATE: a reader sent us the Ts and Cs of a Mets ticket.  Read after the jump.

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Polly’s Got a Problem

Kyle Scott - July 23, 2010

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Placido Polanco may want to stick to baseball.

According to the South Florida Business Journal, Polanco's LLC, Gables Square Twelve Nine (sounds like they want to pull off a heist), has been sued by Mercantil Commercebank for $5.1 million owed on a property investment.

Polanco and his partners have not made a payment on the mortgage of their Tamach Gables Square offices since December.

The brilliance in all this is the ballsy lawyer for Mercantil Commercebank.  She wants to serve Polanco on the bench:

"First we have to get Polanco served with the complaint," Schiller said.
"I don't know if it's proper or legal to serve him in the dugout, but
it will be interesting."

We don't need another distraction!  Come on lady.  Un-bunch panties, un-bunch.