Topic: DAILY MAIL: MARSHALL FOOTBALL: Herd’s Grooms named in civil suit

[biggreenarms]

CHARLESTON, W.Va. — A Marshall University football player is one of five people named in a civil suit seeking damages following an April 2013 vehicle-pedestrian collision.

Running back Kevin Grooms was named in the complaint along with Alyssa Rae Bartley and John Does No. 1, No. 2 and No. 3. The lawsuit was filed by Jordan Badalucco-Crist on April 8.

The suit claims that on April 21, 2013, Grooms was driving a Toyota Camry owned by Bartley “while under the influence of drugs and/or alcohol, operating said motor vehicle at excessive speed” in the 1200 block of Fourth Avenue in Huntington, when it struck Badalucco-Crist as he was crossing the street. Badalucco-Crist’s attorney, Michael Del Giudice, said Tuesday that his client’s leg was seriously injured in the collision and he spent several days in the hospital.

According to the crash report filed by Huntington police, the vehicle fled west, then south on 12th Street and the driver and passengers fled on foot from the vehicle in the 400 block of 12th Street. The report states that driver of the vehicle was unknown, as was whether that driver was under the influence of alcohol or drugs.

Del Giudice said that, through his investigation, he was able to gain enough information to file a civil suit against Grooms, Bartley and the three John Does. The suit accuses Grooms, 21, of negligence and accuses Bartley of allowing Grooms to drive the vehicle under the influence. It accuses Bartley, John Doe No. 1 and John Doe No. 2 of encouraging Grooms to drive the vehicle in a negligent manner and accuses John Doe No. 3 of providing Grooms the alcohol and/or drugs.

Badalucco-Crist seeks damages that cover past and future lost wages, past and future medical expenses, past and future physical and mental pain and suffering, loss of enjoyment of life, embarrassment, annoyance and inconvenience, punitive damages, pre- and post-judgment interest, attorney fees and any other damages as discovered at a later date.

Marshall University athletic officials declined comment on the lawsuit. It was unknown whether Grooms had hired an attorney for the civil suit. The Cabell County Circuit Clerk’s office was closed Tuesday for Election Day.

Grooms was arrested early on the morning of April 21, 2013, on misdemeanor charges of underage consumption and obstruction. No other charges were announced against Grooms from that day. He was arrested on Nov. 30, 2013 on misdemeanor charges of domestic battery and obstruction. He was suspended from the team after the November arrest, missing the Conference USA championship game and the Military Bowl. He returned to the team for spring practice in April.

Grooms was the Conference USA freshman of the year in 2012, after leading all conference freshmen with 737 rushing yards. Hobbled by high ankle sprain, he finished with 503 yards and six touchdowns in 2013.

http://www.charlestondailymail.com/article/20140513/DM03/140519692/1311

[goherd24]

Such BS from these scumbag people like this. I wish there was some kind of law against these ambulance chasing low life lawyers as well. I hope the judge throws this garbage out.

[girthyherdon]

I actually heard something about this the morning after it happened. I didn't believe it then but apparantly there is some sort of truth to it.

[The Right Stuff]

I too have heard that there is merit to this story unfortunately.  I was wondering when it would make the press. :-[

TRS
MU 71

[BHFIOHIO]

yeah and Butler in the news as well..$hit!

[gochneaur645]

Such BS from these scumbag people like this. I wish there was some kind of law against these ambulance chasing low life lawyers as well. I hope the judge throws this garbage out.

I had plenty of inside info on this the morning after it happened and got absolutely reamed on HN for posting it, but let's just say there's a blinding amount of smoke to this fire and the guy who almost lost a leg because of an intoxicated and reckless driver is not the scumbag here.  He has every right in the world to file this suit, and based on what I've heard, he probably deserves quite a lot of money.

[mckayt]

I had plenty of inside info on this the morning after it happened and got absolutely reamed on HN for posting it, but let's just say there's a blinding amount of smoke to this fire and the guy who almost lost a leg because of an intoxicated and reckless driver is not the scumbag here.  He has every right in the world to file this suit, and based on what I've heard, he probably deserves quite a lot of money.

I understand people being upset abut frivolous lawsuits, but I'm with you on this one.  This is far from frivolous.  I also know Mike Del Giudice and he is far from a scumbag.  He is a very nice gentleman who would give you the shirt off of his back if you needed it.

[goherd24]

Maybe I jumped the gun, but past and future wages etc. Past maybe, the future is up to him. Even if he had lost a leg. I can't stand and get sick to see all those items in the list.

It would have to be an unbelievable amount of evidence for him to win this case. And hell, what does grooms have to give him? Hebis suing a kid that can give him nothing.

[BipolarFan]

If Grooms were to get an NFL contract then he would have a nice amount of money to pay for his stupidity.

[marshallmark]

Maybe I jumped the gun, but past and future wages etc. Past maybe, the future is up to him. Even if he had lost a leg. I can't stand and get sick to see all those items in the list.

It would have to be an unbelievable amount of evidence for him to win this case. And hell, what does grooms have to give him? Hebis suing a kid that can give him nothing.

Really?  Then you don't know how the 'system' works.  No one is expecting Kevin to pony up tens or hundreds of thousands of dollars to pay for his stupidity.  But there's this thing called 'insurance' that, generally, allows for large pools of money to be used to compensate people that have been hurt by others. 

[herd1986]

Really?  A victim nearly loses his leg because someone is being careless (not to mention breaking the law) and you don't think he's entitled to be compensated for a lowered ability to earn a living?  Sounds, like you would prefer that we just use Old Testament justice and cut off Grooms leg?  Idiocy.

[field pass]

If it true wouldn't grooms go to jail?

[jsbowen]

If it true wouldn't grooms go to jail?

No.  Different court systems and different standards of proof.

[gochneaur645]

Yep, just like OJ never went to jail for his murders but was ordered to pay $33 mil for them.

[The Right Stuff]

"OJ did it"  Cedrick the Entertainer in Barbershop. :D

TRS
MU 71

[The E-Man]

I had plenty of inside info on this the morning after it happened and got absolutely reamed on HN for posting it, but let's just say there's a blinding amount of smoke to this fire and the guy who almost lost a leg because of an intoxicated and reckless driver is not the scumbag here.  He has every right in the world to file this suit, and based on what I've heard, he probably deserves quite a lot of money.

This^, My uncle was killed by a drunk driver and it devastated me and my family. I've been hit 4 times, being parked from someone driving drunk. I know people don't make the best decisions when they drink, unfortunately, it can affect people lives forever.

[goherd24]

Really?  A victim nearly loses his leg because someone is being careless (not to mention breaking the law) and you don't think he's entitled to be compensated for a lowered ability to earn a living?  Sounds, like you would prefer that we just use Old Testament justice and cut off Grooms leg?  Idiocy.

I think he will be able to still earn a good living. Plenty of opportunity out there. And why dont you start attacking the bible and christians, like all progressives for any opinion that differs from yours.

[goherd24]

Really?  Then you don't know how the 'system' works.  No one is expecting Kevin to pony up tens or hundreds of thousands of dollars to pay for his stupidity.  But there's this thing called 'insurance' that, generally, allows for large pools of money to be used to compensate people that have been hurt by others. 

Who pays for this insurance? Grooms car insurance policy? Legitimately curious. Please explain how the system works, I was unaware of a random tax payer funded insurance pool of money. It didnt happen at his home, was in a car he may have not even had insured.

[goherd24]

This^, My uncle was killed by a drunk driver and it devastated me and my family. I've been hit 4 times, being parked from someone driving drunk. I know people don't make the best decisions when they drink, unfortunately, it can affect people lives forever.

Sorry to hear that E. Prayers for your family.

[The E-Man]

Sorry to hear that E. Prayers for your family.

Thanks! The accident happend back in 1981. It still seems as if it happend yesterday. The pain eases, but never goes away.

[pdunn]

Who pays for this insurance? Grooms car insurance policy? Legitimately curious. Please explain how the system works, I was unaware of a random tax payer funded insurance pool of money. It didnt happen at his home, was in a car he may have not even had insured.

I don't know WV law on this, but usually it is done through either what is called "joint and several liability" or by letting the jury "apportion" percentages of liability to each culpable defendant.

If it is a "joint and several" liability question, meaning that if more than one defendant were to be found liable, the plaintiff could go after any culpable party for the whole amount of damages.  If one person has insurance that is implicated, this is probably who would pay first, and maybe all the damages, then the insurance company would sue the other parties for a "contribution" of their fair share according to their culpability.

The other alternative may be that the jury partitions the liability among the defendants and each has an amount to pay.  This gets to the insurance money but it does not allow them to seek the "contribution" from the others.  Of course, you can't get blood from a stone, and if there is no source of funds from an individual, the plaintiff may be out in the cold for that amount of money, or only get it very slowly through wage garnishment, etc.

Perhaps one of our WV attorneys could enlighten us further as to the laws in the state. 

[herd1986]

I think he will be able to still earn a good living. Plenty of opportunity out there. And why dont you start attacking the bible and christians, like all progressives for any opinion that differs from yours.

I guess that answers my question.  It seems you would like to go back to the old "Eye for an eye.  Tooth for a tooth.". Somehow, I don't think you could get the defendant or even the victim to go along with that in this case.  Thank God.  I'm not attacking Christians.  Not at all.  I am one.  I am attacking stupidity.  But, apparently you couldn't comprehend that.

[herdgameplan]

http://www.wowktv.com/story/20653128/2-men-charged-with-forgery-at-mardi-gras-casino-and-resort-in-kanawha-county-wv

Guess who?

[wasbarryb]

This^, My uncle was killed by a drunk driver and it devastated me and my family. I've been hit 4 times, being parked from someone driving drunk. I know people don't make the best decisions when they drink, unfortunately, it can affect people lives forever.

I get my fellow posters mixed up sometimes, so maybe I'm wrong on this point, but it seems you've posted you're not a drinker.

Whether you do or not, your point about making bad decisions when you're drunk is very valid. That's why those of us who do drink make important decisions like driving BEFORE we drink. Then we drink with people we know and trust, fully aware tonight's designated driver will stay sober, and later on we'll take our turn as the driver.

If you drink and drive, "I was drunk" (or high) isn't an acceptable excuse. Nor is age, if you're old enough to choose to drink, you're old enough to be responsible.

[banker]

First, really hard to prove Grooms was in the car that hit the kid, let alone driving, let alone driving under the influence.  Cops busted Grooms that night and had no evidence of him driving or they would have charged him.

Second, the guy filing the suit is far from a model citizen.  A guy busted for forgery is pretty easy to position as dishonest with a jury. He's lied to get money before.  Chances are he was drunk that night and if he's jaywalking drunk it's hard to hold a driver responsible for hitting him. When a person is hit by a car it's more often the pedestrian's fault.

I had a buddy hit and kill a woman on Old 52 in South Point years ago. It was rainy and a drunk woman ran out in the street going from one bar to another. He was never charged with anything.