I thought the non-lawyers might want a (relatively) short breakdown on how this is probably going to go down.
The lawsuit makes 4 claims: 1) Battery, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Punitive Damages (not really another "claim" in its truest sense, but the allegation comes with an additional burden of proof and source of damages/$$$).
To prevail at trial, a plaintiff must present admissible evidence to support each element of each claim. A defendant has the opportunity to rebut the plaintiff's evidence with contrary admissible evidence. A defendant also has the opportunity to present "defenses" to certain claims. Generally a defendant has the burden to prove each element of a defense. An example of a defense consent (I can't prevail in a battery lawsuit if I ask you slap me. I'll prove the battery occurred, but you'll have a defense that I consented to the slap).
Here, the general elements are:
1) Battery:
a) the intentional touching of, or application of force to,
b) the body of another person,
c) in a harmful or offensive manner.
2) Negligence:
a) the defendant had duty (not to injure plaintiff);
b) the defendant breached that duty (they injured the plaintiff);
c) the plaintiff suffered damages (pain & suffering to medical bills, future treatment etc); and
d) the plaintiff's damages were caused by the breach of duty (they injured the plaintiff).
3) Intentional infliction of emotional distress:
a) that the plaintiff was injured
b) the injury was caused by conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
4) Punitive damages:
a) the defendant acted with actual malice, gross negligence
b) which evidences a willful, wanton or reckless disregard for the safety of others, (or committed actual fraud which is not relevant here).
WHY THIS MATTERS:
I'm pretty confident that the plaintiff's attorney has admissible evidence to support, at a minimum, every element of all four claims. Also, the Complaint was sufficiently plead to avoid dismissal before discovery (the first time the defendants get the chance to throw out the lawsuit).
So, if the defendant can't get out at dismissal, it goes to discovery. That's when you get to take depositions, subpoena people/things, ask questions, etc etc. Although this stuff is not confidential, per se, it generally is not disclosed to the public until a motion for summary judgment. That's when each party gets to tell the judge "look, there is no question of fact, we agree on (or the other side's evidence is so weak) certain elements (or defenses) to the claims. In the event the judge says there is a "question of fact" or a "he said, she said" concerning admissible evidence, then summary judgment is denied.
Because of what I said earlier, that the plaintiff's likely have admissible evidence to each element of each claim (and because there are not likely any absolute defenses available to the defendants), in this case, summary judgment is probably going to be denied.
Now, we go to trial, and all that evidence that was generally not disclosed (although there is a good chance it comes out in the summary judgment filings) becomes public.
Consider what "admissible evidence" for each element means to the Defendants. If it settles now, it's just blip on the radar. If it doesn't settle, and there will be pretty strong evidence these two defendants committed each element of the torts outlined above. That's hurts draft stock significantly more than the $300-500k that would likely settle this case.
If I still wagered, I would put top dollar that this case settles before discovery starts...and that none of us will ever know what actually happened (confidentiality clauses, the fact that it has not come out within the last year, etc). This will be an anecdote when they on Saturdays this fall.
TL ; DR - I think everyone that is hoping something will come of this will be disappointed.
The lawsuit makes 4 claims: 1) Battery, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Punitive Damages (not really another "claim" in its truest sense, but the allegation comes with an additional burden of proof and source of damages/$$$).
To prevail at trial, a plaintiff must present admissible evidence to support each element of each claim. A defendant has the opportunity to rebut the plaintiff's evidence with contrary admissible evidence. A defendant also has the opportunity to present "defenses" to certain claims. Generally a defendant has the burden to prove each element of a defense. An example of a defense consent (I can't prevail in a battery lawsuit if I ask you slap me. I'll prove the battery occurred, but you'll have a defense that I consented to the slap).
Here, the general elements are:
1) Battery:
a) the intentional touching of, or application of force to,
b) the body of another person,
c) in a harmful or offensive manner.
2) Negligence:
a) the defendant had duty (not to injure plaintiff);
b) the defendant breached that duty (they injured the plaintiff);
c) the plaintiff suffered damages (pain & suffering to medical bills, future treatment etc); and
d) the plaintiff's damages were caused by the breach of duty (they injured the plaintiff).
3) Intentional infliction of emotional distress:
a) that the plaintiff was injured
b) the injury was caused by conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
4) Punitive damages:
a) the defendant acted with actual malice, gross negligence
b) which evidences a willful, wanton or reckless disregard for the safety of others, (or committed actual fraud which is not relevant here).
WHY THIS MATTERS:
I'm pretty confident that the plaintiff's attorney has admissible evidence to support, at a minimum, every element of all four claims. Also, the Complaint was sufficiently plead to avoid dismissal before discovery (the first time the defendants get the chance to throw out the lawsuit).
So, if the defendant can't get out at dismissal, it goes to discovery. That's when you get to take depositions, subpoena people/things, ask questions, etc etc. Although this stuff is not confidential, per se, it generally is not disclosed to the public until a motion for summary judgment. That's when each party gets to tell the judge "look, there is no question of fact, we agree on (or the other side's evidence is so weak) certain elements (or defenses) to the claims. In the event the judge says there is a "question of fact" or a "he said, she said" concerning admissible evidence, then summary judgment is denied.
Because of what I said earlier, that the plaintiff's likely have admissible evidence to each element of each claim (and because there are not likely any absolute defenses available to the defendants), in this case, summary judgment is probably going to be denied.
Now, we go to trial, and all that evidence that was generally not disclosed (although there is a good chance it comes out in the summary judgment filings) becomes public.
Consider what "admissible evidence" for each element means to the Defendants. If it settles now, it's just blip on the radar. If it doesn't settle, and there will be pretty strong evidence these two defendants committed each element of the torts outlined above. That's hurts draft stock significantly more than the $300-500k that would likely settle this case.
If I still wagered, I would put top dollar that this case settles before discovery starts...and that none of us will ever know what actually happened (confidentiality clauses, the fact that it has not come out within the last year, etc). This will be an anecdote when they on Saturdays this fall.
TL ; DR - I think everyone that is hoping something will come of this will be disappointed.
