Fjoinkay
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DC3 takes a 40K hit
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Orangeyes
R.I.P Dan
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I disagree. Kid was a punk. I consider throwing snowballs to be antagonizing and therefore he shouldn't be allowed a settlement.
Orangetradition44
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Ok. Fair enough.
orangecuse
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I believe snowballs were being thrown at a car, not at the individuals themselves. So, your antagonizing position is about as far as a stretch as one can likely make, as a more 'reasonable' person/position would consider it being just simple horseplay. Of course, horseplay doesn't preclude potential negligence/liability by the snowball thrower(s) if the driver of the car were to somehow lose control of the vehicle by being distracted, etc., resulting/contributing to a motor vehicle accident and ensuing bodily injury and/or property damages.
Carter clearly assaulted the individual (who wasn't the instigator anyways, although relatively inconsequential legally had he been) and used excessive force in doing so. Based on all the alleged physical injuries along with a potential for some type of physical and or mental impairment in the future, it certainly appears that Carter got off rather cheap based upon my experience with various tort settlements. It would be interesting to see what the jury pool consisted of as I have seen greater verdicts rendered with considerably less alleged/actual damages.
orangecuse
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My opinion would be, I don't think so according to the apparent actual damages and potential future impairments. Actually, the defense likely strongly argued that Carter's NFL status should have no bearing on the compensatory damages amount...and it seems that the jury was successfully persuaded to that effect in what appears to be a relatively positive rendered verdict for the defense. It's possible though that the actual damages, in reality, were considerably less than what was alleged/proven.
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Surveillance video on campus showed that this kid didn't throw a snowball at anyone or anything.
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How do you know he is a thug? An accomplice? Was he with the guy that did throw a snowball?
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Cuse Action
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Unbelievably stupid comment from you.
Orangetradition44
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The kid not actually throwing a snowball notwithstanding...
What's stupid about it? If you throw snowballs and possibly damage someone's car... I think it's a reasonable expectation that the person may be upset about it and may retaliate.
Delone threw one punch... He didn't go any further than that. If my college age son (grow up already) was throwing snowballs at people's cars... I wouldn't be surprised that he was punched.
Of course, this poor kid didn't actually do anything to warrant getting punched.
What's stupid about it? If you throw snowballs and possibly damage someone's car... I think it's a reasonable expectation that the person may be upset about it and may retaliate.
Delone threw one punch... He didn't go any further than that. If my college age son (grow up already) was throwing snowballs at people's cars... I wouldn't be surprised that he was punched.
Of course, this poor kid didn't actually do anything to warrant getting punched.
Well this thread settles things for me. We should all take a trip to Joisey to find cars sporting Rutger R's on them and then turn them upside down. Then we should throw snowballs at the owners when they discover our cute little prank. Then we should see what happens.
By the way, does Joisey have a "Stand Your Ground Law" like the enlightened state of Florida?
By the way, does Joisey have a "Stand Your Ground Law" like the enlightened state of Florida?
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How so?
CuseTroop
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I've gotten punched in the mouth, nose, eye, ears more times than I can count (used to be a tad mouthy) nose has been broken 6 times.
If I had tried to sue or press charges on anyone that I got into a fight with, my old man prolly would have hit me.
"You do something that pisses someone off enough to hit ya, you prolly deserved it"
If I had tried to sue or press charges on anyone that I got into a fight with, my old man prolly would have hit me.
"You do something that pisses someone off enough to hit ya, you prolly deserved it"
Fjoinkay
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I believe this was a damages only trial so the jury deliberated solely on the compensatory aspect of the case- how much money DC3 owed- and liability was never an issue in this trial. The judge disallowed a claim for punitive damages which are treble damages or 3 times the value which obviously was a win for the defense. Without knowing how juries in the same venue (Onandoga County I believe) typically value similar injuries it's hard to say how DC3 made out on the 40K compensatory award. I do know that juries in Kings County (Brooklyn) or the Bronx or even New York County (Manhattan) typically put a higher value on similar injuries, but I'm sure there are other venues in NY State where juries are much less giving than the venue Carter's case was just tried in.
Delone needs to put this behind him for a lot of reasons. Not the least of which is that he will need to be at his best if he hopes to make the Colts 53 man roster. He was drafted by a different GM and a different coach, and last year he was often injured and never had an opportunity to shine under the new regime or to put behind him the perception that he fumbles the ball too often. We all know that he almost never fumbled at SU, but during his rookie season with the Colts in 2011 he did fumble too often and it haunts him. He also missed OTAs this summer reportedly due to a shoulder surgery.
I would never count him out because he has already overcome a horrific hip injury among other things, but he needs to heal and to play well. Good luck DC3.
Delone needs to put this behind him for a lot of reasons. Not the least of which is that he will need to be at his best if he hopes to make the Colts 53 man roster. He was drafted by a different GM and a different coach, and last year he was often injured and never had an opportunity to shine under the new regime or to put behind him the perception that he fumbles the ball too often. We all know that he almost never fumbled at SU, but during his rookie season with the Colts in 2011 he did fumble too often and it haunts him. He also missed OTAs this summer reportedly due to a shoulder surgery.
I would never count him out because he has already overcome a horrific hip injury among other things, but he needs to heal and to play well. Good luck DC3.
Screw DC3. I'm as big a fan of this program as the next but what he did warranted not only permanent dismissal from the team but he should've been put in jail.
How can you commit felony assault but still be allowed to finish your college career without missing a game? Hell, what MPB did was a lesser crime than this and he was permanently expelled. DeShaun Williams was at least punished when he slugged the female mascot 10 years ago.
Even if DC3 HAD punched the "right" individual who threw the snowball, it still doesn't justify anything or make the crime any less serious.
As a season ticketholder, I thought it was shameful when the University reinstated his eligibility. His punishment consisted of a few missed practices. Wow.
How can you commit felony assault but still be allowed to finish your college career without missing a game? Hell, what MPB did was a lesser crime than this and he was permanently expelled. DeShaun Williams was at least punished when he slugged the female mascot 10 years ago.
Even if DC3 HAD punched the "right" individual who threw the snowball, it still doesn't justify anything or make the crime any less serious.
As a season ticketholder, I thought it was shameful when the University reinstated his eligibility. His punishment consisted of a few missed practices. Wow.
CuseTroop
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orangecuse
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Indeed, this case was not bifurcated as Carter admitted to throwing the punch, therefore, liability was stipulated and it was always about damages. I think a different judge just as easily could've allowed for punitive damages as Carter's violent act was certainly willful, wanton, etc...he was looking to put a world of hurt on the kid...and did just that...but that's my $.02. :noidea:
Antz201
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One punch, felony assault? Lol yeah bro, seriously lol lmao... There is no doubt that one of the three threw the snow ball, so it was one of his two other buddies... One punch is not felony assault... If you have a glass chin, you shouldn't hang with people throwing snow balls.
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Huh? What the heck does it matter if he threw one punch or a dozen punches? He assaulted the kid once he laid a finger on him.
That "one punch" caved in the side of his face. It is felony assault.
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I don't get any of your posts. I've never even seen a article where it said he was with 2 buddies and one of them threw the snowball. Articles I had read said he was with his roommate and they weren't involved. The kid and group that were involved were never identified nor caught.
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