Woman sues UF fraternity brothers for videotaping sexual encounter

Originally Posted by la_boca_loca

It does when the person has suffered no injury which warrants compensation. When someone is physically injured, money can go toward making their life a little bitter. For what does Lauren Highley deserve to be compensated? How will the money help her life, by affording her a fancy car and nice clothes?

I'm assuming you didn't get a change to read past my first sentence because I explained what I meant. "Sometimes money is the only thing people understand and perhaps 10 days in jail and 50 hours community service did not communicate to these men that what they did was wrong." Or maybe you just didn't understand. Perhaps she didn't feel like the sentence was just. If these men had to pay money to her in a great amount they would understand better that what they did was wrong and it was possibly deter other's from trying the same thing.

There is something in a civil lawsuit called "punitive damages"
"Where the defendant’s conduct is found to be intentional or willful or wanton or malicious, the courts may permit an award of punitive damages in addition to compensatory damages.
Punitive damages are intended to punish the defendant and to discourage the conduct of the type the defendant engaged in." http://law.freeadvice.com/general_pr...s_punitive.htm

This is very common, so don't assume that all money in law suits are awards to making their life a little better. For example if a drunk driver broke a little boy's skate board he might only have to pay $50 in compensation, but that's not really going to effect him very much so he might have to pay thousands on dollars in punitive damages.

[la_boca_loca]

Originally Posted by jessicaelaine

I'm assuming you didn't get a change to read past my first sentence because I explained what I meant. "Sometimes money is the only thing people understand and perhaps 10 days in jail and 50 hours community service did not communicate to these men that what they did was wrong."

How do you know that the sentence didn't "communicate" to them. Two college boys with no previous criinal history. Now they have criminal convictions on their records, did ten days in jail, community service, are on probation for a year, and have to pay a monthly probation supervision fee.

Originally Posted by jessicaelaine

Perhaps she didn't feel like the sentence was just.

First of all, it is up to the judge to decide whether the sentence is just. Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence. You are deluded if you think this is about justice. Her attorney doesn't care about justice. They both want the money.

Originally Posted by jessicaelaine

If these men had to pay money to her in a great amount they would understand better that what they did was wrong and it was possibly deter other's from trying the same thing.

Do you really think these kids will have to pay her money? Again, you have no idea what you speak of. Lawyers go after deep pockets like the national fraternity. The kids have nothing worth levying. Without question, the attorney intends to go after the faternity and the parents' homeowners insurance coverage. Shame on him! He knows full well that parents in FL are not responsible for the torts of their children. But he'll file suit anyway and hopes to cost the insurers enough time, trouble and expense that the insurers will eventually pay something.

Originally Posted by la_boca_loca

How do you know that the sentence didn't "communicate" to them. Two college boys with no previous criinal history. Now they have criminal convictions on their records, did ten days in jail, community service, are on probation for a year, and have to pay a monthly probation supervision fee.

I said perhaps, which means that no, i don't know what was communicated. Perhaps means that it's a possibility.

Originally Posted by la_boca_loca

First of all, it is up to the judge to decide whether the sentence is just. Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence. You are deluded if you think this is about justice. Her attorney doesn't care about justice. They both want the money.

The law says she is allowed to try and get a different kind of justice and we should respect and honor the law. I'm not saying that any money should be awarded, I'm saying she has the right to ask. I'm not saying that everyone should think money should be awarded, just recognize that law suits like this are very common and she has the right to do it.
And how can you you criticize me for saying that I know the reasoning behind it (even though i said perhaps) when right there you are saying you know the reasoning behind it. How do you know she and her attorney just want money?

Originally Posted by la_boca_loca

Do you really think these kids will have to pay her money? Again, you have no idea what you speak of. Lawyers go after deep pockets like the national fraternity. The kids have nothing worth levying. Without question, the attorney intends to go after the faternity and the parents' homeowners insurance coverage. Shame on him! He knows full well that parents in FL are not responsible for the torts of their children. But he'll file suit anyway and hopes to cost the insurers enough time, trouble and expense that the insurers will eventually pay something.

Again you are assuming you know the reasoning behind this even though you just criticized me for doing the same thing (even though i didn't).

[Kevin]

Originally Posted by jessicaelaine

How do you know she and her attorney just want money?

Why does it matter what their motivation is? If this young lady has been damaged, she's possibly entitled to compensation. Whether she wants money or some sense that she did the "right thing" is immaterial.

The issue here is whether these two did something which entitles the plaintiff to an award of money. Actual damages do enter into things and may even be an element of the tort. In other words, whether there are any "real" damages may or may not be an essential element here.

I haven't seen the pleadings, but it would seem she's suing for invasion of privacy, which often (this varies from place to place) only requires that someone intrude upon the plaintiff's solitude while she has a reasonable expectation of privacy, and in most places that the intrusion is something a reasonable person would find highly offensive. I think she can prove all of that without too much trouble.

I know nothing about Florida law or the law of any particular state. I do know that this lawsuit is probably anything but "frivolous" though.

[PANTHERTEKE]

I have one friend in common with her.

[MysticCat]

Originally Posted by la_boca_loca

Further, it is a gross abuse of the civil justice system for her to file suit just because SHE is not satisfied with the sentence.

How is that a gross abuse of the civil justice system?

And how are you connected with the defendants? ('Cause I'm betting that you are.)

[la_boca_loca]

Originally Posted by MysticCat

How is that a gross abuse of the civil justice system?

Judges determine what is just and ideally, mete out punishment accordingly. The students will not pay anything in this case, the national fraternity will. Tell me then, how is this case about anything other than extracting money from the deepest pocket?

Originally Posted by MysticCat

And how are you connected with the defendants? ('Cause I'm betting that you are.)

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

[SWTXBelle]

Originally Posted by la_boca_loca;1690842[COLOR=seagreen

].[/COLOR] Tell me then, how is this case about anything other than extracting money from the deepest pocket? Has the fraternity been named in the suit? Maybe I missed that . . . and as to the answer to your question, I think my fellow GCers have covered this.

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

Did anyone say anything about benefiting anyone?

[la_boca_loca]

Originally Posted by SWTXBelle

Has the fraternity been named in the suit? Maybe I missed that . . .

Yeah. You missed that.


Case Description
Case ID: 2008CA022597XXXXMB
Case Caption: LAUREN HIGHLEY V BEN FARIAS, KYLE KRAFT, AND DELTA ZETA OF DELTA TAU DELTA, INC.
Division: &nbspAB - GERBER
Filing Date: &nbspTuesday , July 29th, 2008
Court: &nbspCA - CIRCUIT CIVIL
Location: &nbspMB - MAIN BRANCH

[SWTXBelle]

Originally Posted by la_boca_loca

Yeah. You missed that.


Case Description
Case ID: 2008CA022597XXXXMB
Case Caption: LAUREN HIGHLEY V BEN FARIAS, KYLE KRAFT, AND DELTA ZETA OF DELTA TAU DELTA, INC.
Division: &nbspAB - GERBER
Filing Date: &nbspTuesday , July 29th, 2008
Court: &nbspCA - CIRCUIT CIVIL
Location: &nbspMB - MAIN BRANCH

Shouldn't you be crawling back under a blanket at the Delt house or something?

eta - and getting back to the idea of risk management, do many fraternities have house moms or live-in advisors/help? What could a fraternity do to avoid this kind of liability? (Other than not pledge idiots . . .)

[DeltAlum]

Originally Posted by la_boca_loca

Yeah. You missed that.


Case Description
Case ID: 2008CA022597XXXXMB
Case Caption: LAUREN HIGHLEY V BEN FARIAS, KYLE KRAFT, AND DELTA ZETA OF DELTA TAU DELTA, INC. Division: &nbspAB - GERBER
Filing Date: &nbspTuesday , July 29th, 2008
Court: &nbspCA - CIRCUIT CIVIL
Location: &nbspMB - MAIN BRANCH

Just for the sake of clarity, it appears to me that the suit is against the two members and the chapter, not the fraternity.

Let's remember that there's a difference that we, as members of Greek Letter Organizations, all should understand.

Right?

[Tinia2]

Originally Posted by la_boca_loca

Judges determine what is just and ideally, mete out punishment accordingly. The students will not pay anything in this case, the national fraternity will. Tell me then, how is this case about anything other than extracting money from the deepest pocket?

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

and that is why it is in the rm section rather than say chat or news. we all get hurt by actions like this. take the time and read the other threads in this section. and if you have a problem with deepest pockets in this case, i suggest you spend some time in a civil court room in any major city. or as it has been pointed out already is your problem with the us legal system only this case.

[la_boca_loca]

Originally Posted by Tinia2

is your problem with the us legal system only this case.

My problem is with any person who has not suffered an actual loss, nor a loss which can be rationally remedied with $$, bringing a lawsuit. Mr. Auerbacher knows the students can't pay. So he'll just ruin their lives while he hopes to impute their liability to the deeper pocket.

[Tinia2]

Originally Posted by la_boca_loca

My problem is with any person who has not suffered an actual loss, nor a loss which can be rationally remedied with $$, bringing a lawsuit. Mr. Auerbacher knows the students can't pay. So he'll just ruin their lives while he hopes to impute their liability to the deeper pocket.

so you have a problem with the entire us civil court system.
well, your posting here is just not going to change anything at all. and will not do anything for your friends, their actions and deeds, their case and their total lack of judgment and respect. and as much as i hate to repeat myself, make the effort to read the other threads in rm section. this case and those already brought up are only a very small part of the overall activities in state civil courts. however, they are a major part of what affects and effects us.

[MysticCat]

Originally Posted by la_boca_loca

Judges determine what is just and ideally, mete out punishment accordingly. The students will not pay anything in this case, the national fraternity will. Tell me then, how is this case about anything other than extracting money from the deepest pocket?

You keep leaving juries out of the equation.

I never said that the case wasn't just about money. It might be, it might be about revenge, it might be about all kinds of things. I merely questioned your suggestion that it is a gross abuse of the civil justice system for the victim to sue because she thought a criminal verdict was too lenient. I've been practicing law long enough to tell that you talking out of personal interest and bias, not any actual sense of or understanding of jurisprudence.

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

Oooooo. Caught me in my own trap. Drat the anonymous nature of teh interwebs.

No I didn't think about that because I couldn't care less about that. Like I said, I was just noticing that your posts suggest a strong personal, rather than academic or theoretical, interest. You write, and argue, like someone who has a dog in the fight. That is all.