Category: Torts

BREAKING NEWS: Jesse Ventura wins defamation lawsuit against “The American Sniper”

In what can be called a battle of SEAL v. SEAL, former Minnesota Governor, Jesse Ventura was victorious in his lawsuit today against the estate of Chris Kyle. Kyle, famed as the “Most Lethal Sniper in US Military History”, wrote a book with that moniker as the title. In it, he made several claims about a thinly disguised Ventura, then later admitted Ventura was exactly whom he was writing about.

The interesting thing about this case is that defamation is hard to prove when involving public figures, especially one with a complicated history like Ventura’s. The 8-2 verdict indicates that at least two people took Ventura’s colorful history in account before reaching a decision.

According to the story, all Ventura wanted from Kyle was an apology and an admission that several statements were false. With Kyle’s death he is not likely to get either. And if he does, then Kyle was an even bigger badass than his known history has already revealed.

http://www.nytimes.com/2014/07/30/us/jesse-ventura-chris-kyle-navy-seal-book-lawsuit.html?_r=0

Torts: Ted, Captain Redneck and Damages (Part 2 of 2)

It is another stiff neck and stiff back morning. While skating in a roller derby game last week I wound up going THROUGH a wooden rail. So, thanks to that and some rather physical pack play, I had what I call the “Roger Murtaugh” moment. Named after the police detective played by Danny Glover in the Lethal Weapon series who would intone at various points, “I’m getting too old for this sh**”.

Fortunately, I am not too old to write. So let us return to the topic at hand. As you will recall from our first post in this series, “Captain Redneck” Dick Murdock attacked Ted Dibiase before Dibiase’s NWA World Title match against Ric Flair. The attack left Dibiase bloody and weakened and he eventually lost his match against Flair. Murdock then attacked Dibiase after the match, putting him out of action for almost two months. (Note: Well, out of action in this country. He seemed fine in Japan).  So our question is, what damages could Ted Dibiase seek from Murdock based on the torts committed?

COMPENSATORY DAMAGES

Compensatory damages are the actual damages suffered by a party at the hands of the individual or entity who caused the harm. In this case, Dibiase has a claim against Murdock for his physical injuries. For Murdock this is where his second attack, concluding with a brainbuster on the concrete floor, can become costly. They took Dibiase away for medical care. His medical bills are obviously a concern and he should certainly have sought compensation from Murdock for his injuries. Continue reading “Torts: Ted, Captain Redneck and Damages (Part 2 of 2)”

Torts, Ted, and Captain Redneck

Tort(from Latin torquere, to twist, tortus, twisted, wrestled aside)- A private or Civil wrong or injury.- Black’s Law Dictionary

As you can tell from the definition above, pro wrestling is full of torts. From the almost constant presence of battery (an offensive touching) to assault (an incomplete battery) to tortious interference with contract (run-ins in title matches and evil managers) to hostile work environment (evil General Managers or Mr. McMahon’s ‘Kiss my Ass’ club). Of course, you very rarely see any kind of legal recourse for these offenses. That is probably because legal recourse does not sell nearly enough tickets. What we get instead is a throwback to older times and a complete disregard for law and order.

For example, let us go back to the fateful day when Ted Dibiase became a hero, Ric Flair remained Ric Flair, and Dick Murdock committed a series of torts that should have cost him a chunk of change and some jail time. Continue reading “Torts, Ted, and Captain Redneck”