Archive for Monday, June 16, 2008
Civil suit hits Collins for $75K
KU basketball player denies alleged assault, apologizes for shirking legal responsibilities
A certified letter about a personal injury claim sent to KU basketball player Sherron Colins had an incomplete address on it, Collins' lawyers argued in court filings recently.
June 16, 2008, 11:14 a.m. Updated June 17, 2008, 12:00 a.m.
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Sherron Collins accused in civil lawsuit
Kansas guard Sherron Collins is making headlines today for a ruling against him in a civil lawsuit filed on May 14th. Enlarge video
A Douglas County District Court judge has ruled in favor of a woman who filed a civil lawsuit against Kansas University basketball player Sherron M. Collins, 21, over an assault she said took place in an elevator.
Judge Jack Murphy signed a journal entry in the case this morning granting judgment for damages in excess of $75,000 to Jessica J. Brown.
Brown's attorney asked the judge to rule in Brown's favor because Collins had not filed a legal response to the lawsuit since it was filed May 14. Court records show Collins was served notice of the lawsuit the same day it was filed.
In her lawsuit, Brown, 35, accused Collins of exposing himself and rubbing against her despite being told repeatedly to stop. She said the incident occurred May 18, 2007, in an elevator at Jayhawker Towers where the woman said she worked.
Brown said in the lawsuit she was unable to continue working at the towers because of the incident. She claimed damages for humiliation, severe emotional pain and mental anguish. She claimed she incurred medical bills and suffered permanent medical, emotional and psychological damages.
A court hearing will be held July 8 to determine the exact amount of damages to be awarded, according to court records.
The lawsuit was filed because the statute of limitations for battery in a civil case is one year, according to Jim Wisler, a Lawrence attorney representing Brown.
Two letters, one of them certified, were sent to Collins about the matter before the lawsuit was filed. But Collins did not respond, Wisler said.
In her lawsuit, Brown had requested a jury trial. When Collins did not respond to the lawsuit in 20 days as required by law, Wisler filed a motion asking for a "judgment by default."
At the July 8 hearing Wisler will request a specific amount for damages. He declined to comment on what that amount might be.
In a statement issued Monday afternoon, KU head basketball coach Bill Self said KU officials were made aware of the allegation 13 months ago and described it as serious and not to be taken lightly.
"Sherron fully cooperated with the investigation and maintains that the allegation is false," Self said. "Based on the information I have received, Sherron has my full support."
Self expanded on his statement after his basketball camp Monday afternoon.
"I know Sherron's father is very ill and Sherron went home to Chicago to see him," Self said. "I was waiting on him to get back because this was news to him as well. I'm disappointed that he's got to deal with this and we've got to deal with this and certainly I'm not passing judgment on anything but I wish this was handled differently because I know he'll look forward to fighting any allegations."
Self added that he didn't know Collins had court date until today when it came to light that he missed it.
"Certainly that's no excuse because ignorance is no excuse. You have to step up to the plate and accept your responsibilities," Self said, while adding he trusted Collins was truthful when he said he was innocent.
In the statement, Collins said he is "100 percent innocent of any inappropriate behavior."
Self said Collins didn't fully understand the legal process concerning the civil lawsuit.
"While I just became aware of the court's actions, I am very disappointed in the fact that Sherron didn't follow through on his responsibilities regarding the civil lawsuit," Self said. "I am confident he will work diligently to address this situation."
Collins said he didn't know what was expected of him and what his responsibilities were in the civil suit.
"I'm sorry and I intended no disrespect to the court," Collins said. "I will do my best to correct this and to prove that this allegation is not true."
No criminal charges have been filed.
However, the alleged victim did file a report on the incident with the Kansas University Department of Public Safety.
Douglas County District Attorney Charles Branson said Monday that his office was aware of the allegations the woman had made against Collins. He said his office had requested additional investigative work from KU police and had not yet received a completed report. He said he was not sure how long ago that request was made.
The statute of limitations for filing criminal charges is five years. The civil lawsuit will not have any effect on the district attorney's office's decision whether to prosecute, Branson said.
KU police spokesman Capt. Schuyler Bailey said late Monday afternoon that lab tests were being conducted by the Kansas Bureau of Investigation concerning the complaint against Collins. The investigation had not been completed because the results of those tests have not been received, Bailey said.
No one was available to comment late Monday at the KBI headquarters in Topeka.
16 June 2008
at 11:29 a.m.
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newsreader (Anonymous) says…
Well geez, at least file a legal response to the lawsuit Collins…
16 June 2008
at 11:32 a.m.
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PetMaster5 (Anonymous) says…
Well he can shoot, damnit.
16 June 2008
at 11:32 a.m.
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Multidisciplinary (Anonymous) says…
I wonder if he was actually informed of the suit.
I know a case where the plaintiff's attorney conveniently forgot to put that page with the paperwork, and they were considered a “no-show”.
16 June 2008
at 11:39 a.m.
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kujayhawk (Anonymous) says…
It happened May 18th 2007 and didn't get filed until almost a year later. Is this common?
16 June 2008
at 11:41 a.m.
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Orwell (Anonymous) says…
“Court records show Collins was served notice of the lawsuit the same day it was filed.”
Yeah, so-called “sewer service” happens sometimes, but there's not much sense damaging your entire case by falsely attesting to the initial service in such a high-profile matter.
16 June 2008
at 11:41 a.m.
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Rastaman (Anonymous) says…
Yeah right…..I'm sure he didn't know about a lawsuit regarding him rubbing himself on a co-ed (sarcasm). I bet that Collins thought that the lawsuit may magically disappear since he was a high profile athlete. Lawsuits happen to magically disappear way too often in cases of high profile athletes around the country. In this case it doesn't look like this one will be able to be swept under the rug.
16 June 2008
at 11:43 a.m.
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kujayhawk (Anonymous) says…
“Brown said in the lawsuit she was unable to continue working at the towers because of the incident. She claimed damages for humiliation, severe emotional pain and mental anguish. She claimed she incurred medical bills and suffered permanent medical, emotional and psychological damages.”
I feel for the lady…but good lord how could you not listen to this testimony and not laugh.
Good lesson for Sherron. If he ever makes the NBA, anybody and everybody will be out to get his money.
16 June 2008
at 11:45 a.m.
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jaycee (Anonymous) says…
When are the BB players going to realize that there are females out there that will do anything and then cry rape, foul, or claim other emotional anguish to get money from the potential pro-players.
The only thing the BB players have to do is “keep it zipped”
16 June 2008
at 11:49 a.m.
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BeeBee3 (Anonymous) says…
When does the athlete excuse end? Should we say.. OJ- killed two people.. too bad. But he was a great NFL player!
16 June 2008
at 11:49 a.m.
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SuzyQ (Anonymous) says…
I happen to know that a police report was filed. Of course it was filed on campus; therefore they were not going to upset a major moneymaker.
16 June 2008
at 11:56 a.m.
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SuzyQ (Anonymous) says…
Criminal charges have been pending for a year. As that hasn't happened yet her attorney decided to file civil charges.
16 June 2008
at 12:04 p.m.
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therealAI (Anonymous) says…
Whatever…….
16 June 2008
at 12:10 p.m.
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KUHOOPS (Anonymous) says…
How could this happen? Was the Athletic Dept. unaware of this? After Brandon's problems, et al, you'd think they'd learn a lesson. I'm the biggest KU fan there is, but have ZERO tolerance of this behavior, and also, the failure of the accused to take proper action once served papers. This is tragic, and these types of legal issues (i.e., Giddens, Giles, Rush, Talib, etc.) should be handled with more severity. I don't want them to represent my team…set an example with harsher punishment.
16 June 2008
at 12:14 p.m.
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SuzyQ (Anonymous) says…
Thank you kuhoops.
Please see LJW On the Record for May 23,2007.
16 June 2008
at 12:18 p.m.
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Raider (Anonymous) says…
Twaldaisy, I'm with you. Exactly what medical bills can she have had just b/c some random guy pulls it out and waves it at her? How can you have permanent psychological damage from that? Had she never seen one before? Those comments she made are ridiculous. Had she filed a criminal case, this whole thing might be more believable. However, this thing just reeks of gold-digging.
16 June 2008
at 12:21 p.m.
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lily (Anonymous) says…
I don't think the whole story is out there. I can't imagine a judge awarding that much just for a no show. There has to be something to the story. Also, the story said this was an employee of the towers, not a student. Although I guess she could be both. Should be interesting to see what else comes of this if she did file charges.
16 June 2008
at 12:21 p.m.
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Baille (Anonymous) says…
“I wonder if he was actually informed of the suit.
I know a case where the plaintiff's attorney conveniently forgot to put that page with the paperwork, and they were considered a “no-show”.”
What? You need to add more detail before that even comes close to making sense. Bad service is bad service. No action commences until its made good. No action before SOL runs, claim forever barred.
16 June 2008
at 12:28 p.m.
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blahblahblah (Anonymous) says…
http://www2.ljworld.com/news/2007/may…
She did contact the police. She has no say in whether or not the the DA files criminal charges.
16 June 2008
at 12:52 p.m.
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dstavin (Anonymous) says…
What if the woman happened to be your daughter?
I'm a bball fan, but If Collins did it, I think he should be kicked off the team. Forever.
16 June 2008
at 1:05 p.m.
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dolores2175 (April Fleming) says…
Something like this happened to me on a NYC subway about five years ago. It's totally gross, but I got over it pretty quickly. About ten minutes later. Please.
16 June 2008
at 1:12 p.m.
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momieslilgirls (Anonymous) says…
If it was my daughter I would tell her to stop cryin' about it. I really find it hard to believe he just whipped it out and started rubbin' up against her. I work for KU and most of the team comes into my buliding at least 2 to 3 times a week. I have never seen any of them even blink at a girl on campus. I feel she flirted with him and either he flirted back or she made it up to get back at him for turning her down. Most of the guys on the team seem a lil too busy to be running around humpin unsuspecting females.
16 June 2008
at 1:17 p.m.
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PapaB (Anonymous) says…
I don't which is worse, what Sherron has been accused of doing or that so many people take his side just because he's a KU bball player.
16 June 2008
at 1:17 p.m.
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Multidisciplinary (Anonymous) says…
Baille,
Sorry. I had written more about it, but decided it was too long.
In short, a local attorney chose to make their “little chance” case more win-able, by having the defendant be a no show. Said lawyer failed to enclose the page stating the court date, and the defendant didn't even know when it was to occur, as they were told it would be mailed to them.
16 June 2008
at 1:19 p.m.
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d2008 (Anonymous) says…
id pay a guy to do that.
16 June 2008
at 1:34 p.m.
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Coach_Eric (Anonymous) says…
Go away, starbucks. You're a profiteering jerk.
16 June 2008
at 1:36 p.m.
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geniusmannumber1 (Anonymous) says…
Thats_messed_up:
Gay panic, lynch mob mentality, and sour grapes all in one two-sentence post. Way to hit the ignorance trifecta!
16 June 2008
at 1:37 p.m.
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Baille (Anonymous) says…
That sounds like bad service to me, MD. I don't see how the judge granted default judgment under the circumstances. Of course, if you want to start trading war stories about the questionable conduct of some of our less-than-respectable brethren, I got a couple of stories about some insurance company lawyers I could share. :)
In any case, Collins could move to have the judgment set aside in order to file an Answer. I have seen that happen several times.
16 June 2008
at 1:41 p.m.
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gwjayhawk (Anonymous) says…
momieslilgirls—
I'm glad to know the players are acting well behaved around you, but as a KU student who sees them out on the weekends and has personally known a few of them, there is a not-so-pretty side to more than a few KU athletes. They are used to getting what they want in social settings, and this behavior is not even all that shocking to hear. I've been witness to much more inappropriate behavior exhibited by football and basketball players in my time at the University.
I am not placing blame on Sherron specifically, but it's naive to assume that everyone is as innocent as they appear on campus or on the court/field.
16 June 2008
at 1:41 p.m.
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logicsound04 (Anonymous) says…
Why has there been no story about this prior to the judge handing down a decision?
That fact leads one to believe that it's entirely possible that neither Collins nor his attorney had knowledge of the charge.
I'd also like to see the judge's actual decision in the matter, as it's odd to award the woman $75,000 in damages without ever having heard the other side of the “he said, she said” story.
I'm not assuming Collins is innocent, but this whole mess seems kind of shady. It will be interesting to see what further facts come out over time.
16 June 2008
at 1:44 p.m.
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Thats_messed_up (Anonymous) says…
“Gay panic, lynch mob mentality, and sour grapes all in one two-sentence post. Way to hit the ignorance trifecta!”
Thanks Hippie, blame the victim if it tarnishes your championship.
16 June 2008
at 1:47 p.m.
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geniusmannumber1 (Anonymous) says…
…ad hominem name calling, textual distortion, delusion….
16 June 2008
at 1:47 p.m.
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The_Original_Bob (Anonymous) says…
This thread is keeping Site Staff busy today.
16 June 2008
at 2:11 p.m.
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PapaB (Anonymous) says…
Hey, why don't we just let KU BBall athletes do whatever they want? Knowing almost none of the details in both matters, the girl was asking for it when Sherron pulled this maneuver and Kobe is totally innocent for what he did with that girl in Colorado.
16 June 2008
at 2:13 p.m.
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kujayhawk (Anonymous) says…
Athletes and bad behavior? Go look at the frat houses some of your sons probably live in.
16 June 2008
at 2:16 p.m.
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gert891 (Anonymous) says…
you know that lawrence cant persue a legal battle with an athlete during basketball season…might make the team look bad.. as if their actions dont make them look bad already.. you go girl far as im concerned she should have gotten alot more just for they System not pursing legal action
16 June 2008
at 2:29 p.m.
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fu7il3 (Anonymous) says…
“Why has there been no story about this prior to the judge handing down a decision?
That fact leads one to believe that it's entirely possible that neither Collins nor his attorney had knowledge of the charge.”
Generally, you find out about your court date in a subpeona, not the newspaper.
16 June 2008
at 2:29 p.m.
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yeah_right (Anonymous) says…
Why did the girl work in the towers if she didn't want to be rubbed on? When I went to KU, that's the only reason I went to the towers.
16 June 2008
at 2:36 p.m.
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PapaB (Anonymous) says…
I would hope that more women speak up about anything like this that happens to them. I'm sure there's a fair amount of intimidation going on to keep this quiet, so I'm glad this girl spoke up and we should praise her for having the courage to speak up.
16 June 2008
at 2:45 p.m.
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logicsound04 (Anonymous) says…
“Generally, you find out about your court date in a subpeona, not the newspaper.”
––––-
Oh, really? Thanks.
I was simply getting at the fact that it's strange that a story like this just appears once the verdict has been handed down. Usually a story about a member of the KU basketball team—favorable or otherwise—doesn't get buried for so long prior to hitting newsstands.
I merely thought that it gave some credibility to the idea that the plaintiff's attorney may have done his best to file suit in the least attention attracting way possible, in order to argue that his client should recieve damages based on a no-response from Collins or his attorney.
What would Collins have to gain by failing to even respond? Whether he was guilty or innocent, a lack of response can only hurt him. Therefore, the lack of response implies that Collins wasn't aware more than it implies he was guilty and was trying to “hope the legal problems went away” (as some here have suggested).
Again, I'm not assuming guilt or innocence here. It is pretty much impossible to tell, based on the details of the accusation. I'm only discussing what the circumstances imply.
16 June 2008
at 2:58 p.m.
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LLCS (Anonymous) says…
I also would like to see more young women speak up. But then reality sinks in. Being ostracized and humiliated is more than most can bear. These guys know that they are protected and there arrogance and disgusting behavior off the court is standard procedure for them. Again although there are many jersey chasers there is in fact a very large number of young KU women and men that find their off court behavior absolutely repulsive!
16 June 2008
at 3:07 p.m.
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Confrontation (Anonymous) says…
momieslilgirls (Anonymous) says:
“If it was my daughter I would tell her to stop cryin' about it.”
It's really sad that any idiot who wants to become a parent can choose to do so. Anyone who would be okay with their daughter being treated like this should be locked away for a very long time. Seriously, who would want to have this done to their wife, daughter, sister, mom, etc?
16 June 2008
at 3:12 p.m.
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logicsound04 (Anonymous) says…
Those of you making the “go girl” remarks are no better than anyone who is defending Collins.
There is no way anyone will ever know what happened in that elevator except for Ms. Brown and Collins.
No one would want this to happen to a loved one. But the fact is that we don't know what happened.
16 June 2008
at 3:12 p.m.
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fu7il3 (Anonymous) says…
He's not in jail. He just has to pay up. Assuming he shows up with the check. In a couple of years 75 grand will be nothing for him.
16 June 2008
at 3:15 p.m.
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OldEnuf2BYurDad (Anonymous) says…
“Twaldaisy, I'm with you. Exactly what medical bills can she have had just b/c some random guy pulls it out and waves it at her? How can you have permanent psychological damage from that? Had she never seen one before? Those comments she made are ridiculous. Had she filed a criminal case, this whole thing might be more believable. However, this thing just reeks of gold-digging.”
So, it's not resonable to you that she was seriously traumatized by the thought of being raped in an elevator? Isn't that a reasonable thing to assume when you are trapped with a much larger man who you don't know, and he pulls out his penis and begins to assault you? Don't you see it?: This is sexual assault!
16 June 2008
at 3:23 p.m.
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yeah_right (Anonymous) says…
I'm not convinced that Sherron is a strong NBA prospect even in two years. He's great for college basketball, but pro? I hope so for his sake because 75 grand could be a big burden.
On another note, there should be a required class for all athletes that teaches them the ways to avoid sexual harrasment type charges. Like when someone says “no”, it's time to stop. It may sound silly, but this is a perfect example.
Good thing for Collins that criminal charges were not filed, he could have easily had to register as a sex offender.
16 June 2008
at 3:24 p.m.
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tinlizzy (Anonymous) says…
The victim blaming on this thread is disgusting. Contrary to popular belief, women are not all lying sluts and sexual assaults are underreported, not overreported, especially when it comes to accusations against high-profile, privileged members of the community, such as, oh, say a basketball player. Believe it or not, sometimes women work. In public. Having the temerity to take a paying job where one might encounter members of an elite sports team does not equate to “asking for it”.
Take your misogyny and go home.
16 June 2008
at 3:33 p.m.
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Baille (Anonymous) says…
“On another note, there should be a required class for all athletes that teaches them the ways to avoid sexual harrasment type charges.”
Really? Do we really need a class that says taking it out of your pants on an elevator is not appropriate? I don't want to show my age, but we covered that stuff in high school when I was a kid. There was a time when a guy came to college knowing algebra, English, enough chemistry to get by, and the rule about when and where to release the manhood.
16 June 2008
at 3:38 p.m.
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yeah_right (Anonymous) says…
Maybe not a class, how about during an orientation for athletes or just a team meeting. Not because they don't know better but to make them aware that their status makes them a target for this type of stuff. Prepare them for the jersey chasers and what all comes along with being so sexually sought after.
16 June 2008
at 3:38 p.m.
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Baille (Anonymous) says…
“How can you have permanent physical damage from that and foreseeable medical treatment in the future from that? read the complaint. This is legalese at its finest.”
I haven't read the Petition (Complaint is for Federal court - unless you are a Baldknobber), but you have to plead all sorts of stuff in a Petition just to cover your bases in cases discovery reveals something. Moreso with damages than with negligence as we are a notice pleading state, but in cases of intentional wrongs the principle is there to an extent.
Its the same principle that makes defense attorneys include all sorts of defenses that may or may not be available and attorneys from both sides assert a host of objections that may or may not apply during discovery.
A large part of legal practice is covering your bases in case you don't get a do-over - and in lots of instances you don't get a do-over.
16 June 2008
at 3:39 p.m.
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Baille (Anonymous) says…
“Should there also be a class “Don't chase jerseys and if you do and they reject you, don't make up false stories about the guy”????”
I wouldn't think so, but if you are going to have one you might as well hold it at the same time as the “keep your fly closed in the common areas” class to save money.
16 June 2008
at 3:42 p.m.
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Bookie (Anonymous) says…
Seems to be quite a bit of blaming the victim here. Why do you people think victims of attack don't come forward?
What Collins did to her is sexual assualt, period. I've worked with victims for years, and am very familiar with the trauma they experience. The way they get blasted for reporting the crime is rape all over again.
She did report the crime. Since no criminal charges have been filed against the man, her recourse was civil court. Doesn't mean she's money hungry, means she wants justice. Good for her!!!
As for the judgement: if you're served notice of a lawsuit and don't show up, you risk judgement by default.
Maybe he chose not to show up because he knows he's guilty and just didn't want it exposed in court. (no pun intended)
16 June 2008
at 3:42 p.m.
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Confrontation (Anonymous) says…
Starbucks just might be Sherron. Seriously, check out his spelling and psychotic reaction to this story.
16 June 2008
at 3:42 p.m.
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yeah_right (Anonymous) says…
Starbucks, sure a jersey chaser class. “And if you don't get rejected, you'll have great stories to share with the grandkids!”
16 June 2008
at 3:44 p.m.
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d2008 (Anonymous) says…
ok it -if it happened was not appropriate….but how can she be damaged enough to have to quit her job? sounds like bs to me. If the story were not so weak there would be no victim blaming going on.
16 June 2008
at 3:44 p.m.
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Baille (Anonymous) says…
Not in my experience. You have to have a good faith basis for everything in a petition or you face sanctions, but if the available medical/psychological records indicate harm, one should allege that harm. Normally, a petition is filed after a fairly lengthy investigation, but sometimes attorneys don't have that option. For instance, in a car wreck, you have a negligent act of running a red light, but it may be that there are other negligent - or even intentional acts - that help cause the damage. This principle is even more true in an Answer. And don't get me started on verified petitions. You don't have the time and I don't have the interest. Or vice-versa.
16 June 2008
at 4:03 p.m.
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hawkperchedatriverfront (Anonymous) says…
what? she can get $75,000 for being rubbed against. how is that monetary amount figured?
16 June 2008
at 4:11 p.m.
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BigPrune (Anonymous) says…
Baille,
How much would you guess the attorney got from the $75,000, half of it?
16 June 2008
at 4:13 p.m.
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bad_dog (Anonymous) says…
OK folks, let's take a deep breath and drop the polarized hyperbole…
1st, (giving the benefit of the doubt to Ms. Brown) other than the allegations in the petition, no one has any idea what the heck happened yet, who is right or wrong, or for that matter whether there even is a victim, so before we either accuse, condemn or memorialize either party we would be better seved to just wait and see how this plays out.
2nd, a default judgment will almost certainly be overturned on Motion to the Court, particularly if it serves the “interests of justice”.
Finally, Baille although I'm sure you have plenty of “war stories” about insurance company lawyers, I have dozens of examples of lying personal injury plaintiffs/fraudulent insurance policy/work comp claims, etc., etc. I can cite, ad nauseaum for every bad lawyer story you come up with.
Breathe, people.
16 June 2008
at 4:14 p.m.
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Baille (Anonymous) says…
I am not being very clear today. Trying to do too many things at once I suppose.
For those interested, Kansas is a notice pleading state meaning that allegations in a Petition can be rather vague. They simply must be detailed enough to give the other party notice of the claims against it. Things like negligence, future damages, and harms can be pled in a general sense. As discovery progresses and the totality of the facts became known, allegations must honed into a precise set of claims. Defenses are handled in the same way. They, too, are honed down through the discovery process. Discovery objections are much the same:made and then either withdrawn later as everything becomes clear or ruled on by the Court.
There are exceptions to this of course. Some claims have to pled with specificity. Things that are pled have to be substantiated. Sometimes legal terms are a necessary part of the pleading whatever it may be. But vague terms are not to be confused with legalese. There was a time when legalese was required and cases were won and lost on technical pleadings. But we don't do that in Kansas anymore. For the most part, we have moved away from legalese in pleadings - especially the basic ones - and I think that is a good thing.
16 June 2008
at 4:16 p.m.
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Multidisciplinary (Anonymous) says…
If I had something like this happen, and I worked in a building that housed all the man's good buddies, I'd be terrified of retribution.
In a big city, one worker on another floor was making lewd comments and staring at my chest when I passed. No one believed me,and insulted Me, until one day, another employee decided to turn and look back as we walked up the stairs (I walked slower as I was pregnant). She saw what the man did to me everyday, and reported to the owner.
I hadn't reported to the owner, I just bitched about how low the man's behaviour was to my fellow office staff.
Before long, a rumor came back to me from a couple of off site stores, that they heard I was filing a lawsuit.
I had never thought of it, as the man was just a jerk and he had never touched me. (long time ago). As I recall, about that time I was sick of it and hurled the rest of my take out soda/cup/ice at him. I'm sure his manager made him clean it up.
He behaved after that. Nothing was ever said to me if they spoke with him or not.
So I can see how rumors could start a lot of trouble for a person.
16 June 2008
at 4:21 p.m.
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maxcrabb (Anonymous) says…
Um… we could win any game without Sherron.
..just saying.
16 June 2008
at 4:23 p.m.
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Horace (Anonymous) says…
“How much would you guess the attorney got from the $75,000, half of it?”
Nobody has gotten anything yet. There is a default judgment, but damages still need to be proved and only if Collins doesn't get the judgment set aside.
That said, most contingency agreements give the plaintiff's attorney 33% pretrial and many increase this to 40% once trial starts.
16 June 2008
at 4:27 p.m.
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Baille (Anonymous) says…
The claim was for an amount in excess of $75,000.00. That is because a party is not required to plead a specific amount when the reasonably expected damages are over $75k. Under that you have to plead the dollar amount with specificity. It is worth noting that if you plead a specific amount (say $100k) and you find out you pled too high, you can lower the amount claimed with no problem. However, if you plead to low and it turns out the client suffered $125k in damage, then you can only raise the amount claimed with permission of the court. Without a good reason permission can be hard to get and then the attorney has to explain that to the client.
Most contingency fee agreements are 1/3 of recovery after expenses except in complex, expensive cases like medical malpractice or cases with multiple injuries or multiple health care providers. Some attorneys can charge up to 40%, but remember that all fees have to be approved by the judge. Keep in mind, that in lieu of the contingency fee, a client can opt to pay by the hour or an arrangement can be made to enter into some sort of a hybrid contract.
Or one can always go pro se. No one says you have to pay a mechanic to fix your car. You don't have to pay an attorney to file a lawsuit, either. Might make sense, but it ain't required.
Also, if an inexperienced lawyer on a relatively straightforward case tries to collect too high a fee, they stand a chance of getting it reduced by the Court. I don't know any lawyers who would try that. Most attorneys I know like their clients and want to keep good relationships. I know that fees do get reduced in Johnson County from time to time, but I don't know the specifics of any cases. Don't know anything about Douglas County in terms of fees.
16 June 2008
at 4:29 p.m.
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Baille (Anonymous) says…
Not multiple injuries - multiple defendants.
OK I am done. Clearly something else is demanding too much of my attention. :)
16 June 2008
at 4:33 p.m.
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ronwell_dobbs (Anonymous) says…
Doesn't registering as a sex offender give you “street cred” in the NBA?
16 June 2008
at 4:35 p.m.
Suggest removal
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BigPrune (Anonymous) says…
So 40% of $75,000 is $30,000. Sounds like a rip off.
16 June 2008
at 4:39 p.m.
Suggest removal
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BigPrune (Anonymous) says…
MY internet connection is slow sunflower today. I didn't read the other responses.