Delone liable for damages | Syracusefan.com

Delone liable for damages

Saw the kid at Chuck's last night. He didn't seem all that damaged.
 
Isn't it illegal to withhold the medical reports?

It isn't if the case is not in litigation, however, since this case is in litigation, it's just a matter of time for the defense to turn all relative medical records over as part of the normal discovery process. If the defense keeps dragging their feet, the plaintiff's attorney will file a motion to compel.
 
Saw the kid at Chuck's last night. He didn't seem all that damaged.

He suffered memory loss, reading problems, headaches, difficulty concentrating and sleeping, fatigue, light and noise sensitivity, loss of class time affecting his academic performance, diminished social life and undue stress.

Must've made a full recovery to be out bar hopping with such devastating injuries. It would be ideal if judgement was made based on Carter's yearly income at the time of the incident but obviously will not be the case. If/when Carter got drafted, this lawsuit was always coming soon after. Had Carter been expelled and not made the league as a result, this lawsuit would not exsist.

The diminished social life is my favorite part of this. how does one quantify that?
 
He suffered memory loss, reading problems, headaches, difficulty concentrating and sleeping, fatigue, light and noise sensitivity, loss of class time affecting his academic performance, diminished social life and undue stress.

Must've made a full recovery to be out bar hopping with such devastating injuries. It would be ideal if judgement was made based on Carter's yearly income at the time of the incident but obviously will not be the case. If/when Carter got drafted, this lawsuit was always coming soon after. Had Carter been expelled and not made the league as a result, this lawsuit would not exsist.

The diminished social life is my favorite part of this. how does one quantify that?

This case still would exist even if Carter hadn't made it to the NFL. He likely would have been playing ball somewhere, therefore, making an income, albeit not as much.

It will be interesting to see what the medical records reveal. If many of these damages are real, this case is easily 6 figures. Don't be so dismissive relative to his apparent recovery, everybody's body heals differently, just look how far Gabby Giffords has come in one year, it doesn't mean there aren't daily struggles that indeed could be permanent. Also, an argument will be made that the plaintiff is trying to engage again socially, etc., it doesn't mean everything's back to normal.

A picture paints a thousand words...it's very damaging to say the least.
 
This case still would exist even if Carter hadn't made it to the NFL. He likely would have been playing ball somewhere, therefore, making an income, albeit not as much.

It will be interesting to see what the medical records reveal. If many of these damages are real, this case is easily 6 figures. Don't be so dismissive relative to his apparent recovery, everybody's body heals differently, just look how far Gabby Giffords has come in one year, it doesn't mean there aren't daily struggles that indeed could be permanent. Also, an argument will be made that the plaintiff is trying to engage again socially, etc., it doesn't mean everything's back to normal.

A picture paints a thousand words...it's very damaging to say the least.

Right but the timing of this is all too convenient. Were his injuries any less real before Delone Carter had collected an NFL paycheck?

The guy certainly has a case, and I'm sorry he got punched, but at some point too late to file has to be too late. It makes it too easy to dismiss this as a money grab vs filing at the time or shortly there after. I hope the guys alright, but if he doesn't get a huge pay day (which i'm sure he will) I wouldn't feel bad about it.

Perhaps he should sue the ground as well since it did a fair amount of the damage he sustained.
 
Right but the timing of this is all too convenient. Were his injuries any less real before Delone Carter had collected an NFL paycheck?

The guy certainly has a case, and I'm sorry he got punched, but at some point too late to file has to be too late. It makes it too easy to dismiss this as a money grab vs filing at the time or shortly there after. I hope the guys alright, but if he doesn't get a huge pay day (which i'm sure he will) I wouldn't feel bad about it.

Perhaps he should sue the ground as well since it did a fair amount of the damage he sustained.

One year statute in NYS for intentional torts, 3 years for personal injury. Once the claim is filed within the deadline, it's purely up to the parties to move along the case at whatever pace.

And, as far as the ground is concerned, it's certainly in play as Delone is the proximate cause of the plaintiff's fall.

Delone obviously made a horrendous decision to cold- this innocent guy and absolutely should pay the consequences. He should feel fortunate he didn't go into a coma, etc. like the San Fran. fan during opening day last year. Try to look at it from an objective standpoint, not as an SU fan. What if this was your son, or nephew?
 
One year statute in NYS for intentional torts, 3 years for personal injury. Once the claim is filed within the deadline, it's purely up to the parties to move along the case at whatever pace.

And, as far as the ground is concerned, it's certainly in play as Delone is the proximate cause of the plaintiff's fall.

Delone obviously made a horrendous decision to cold-**** this innocent guy and absolutely should pay the consequences. Try to look at from an objective standpoint, not an SU fan.

I get your point, and it was a horrible move on Delone's part, but "innocent" guys rarely get punched.
 
Maybe not, but he did in this case.

Interesting. One would assume that he at least said something provocative to get that result. Not that it makes it right but there would have to be some reason he was the focus of the punch vs just an enraged person punching everyone they see. Suppose there are different levels of innocent and legally he was.
 
carter hit a kid. End of story. Just because he played for Syracuse football doesn't excuse that. him.
 

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