First lawsuit filed in UGA death case

#3
#3
She clearly wasn't working at the time of the accident from everything that has been reported. That's what matters legally, so it's probably an uphill climb. It's not more $ because of sovereign immunity. That's all they can get on their best day because of the law which caps tort recovery against the State government.
 
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#6
#6
wmcovol said:
I don’t know the players family situation but it could be a long string of lawsuits (mom, sisters, brothers, grandparents, etc) . I think $2mil is to get a quick settlement.
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There are probably people out there who would pay the father 2 mil just to drag UGA through the mud.

Small amount given the stakes.
 
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#8
#8
Whatever happened with the Mays family lawsuit against Georgia?
 
#11
#11
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#12
#12
wmcovol said:
I don’t know the players family situation but it could be a long string of lawsuits (mom, sisters, brothers, grandparents, etc) . I think $2mil is to get a quick settlement.
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There's only one wrongful death claim and it belongs jointly to a particular class of relatives. In the case of an unmarried, childless young man, it is generally the parents in most states. As another poster said the 2 million is the maximum because of the sovereign immunity of the State.
 
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#15
#15
Did they ever release the toxicology report on him? Kirby's recruiting office apparently was feeding drinks all night and into the wee hours of the morning to an underaged student athlete. Sad. Maybe if his judgement was not impaired he would have not gotten back into Kirby's recruiting-office vehicle that last time.
 
#18
#18
stolitonic said:
GA state law.

$2 million is the max you can sue for anything related to the state. If it was private university in GA, then yeah he could sue for much more.
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Based on the GA law, everyone in that family will file a $2 mil lawsuit.
 
#19
#19
wmcovol said:
Based on the GA law, everyone in that family will file a $2 mil lawsuit.
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Who else exactly do you think has legal standing to file a lawsuit? His third cousin Ray Ray?

I would assume the deceased was single and childless. His immediate family would be the only ones who have legal standing and once again, that is limited to an aggregate of $2 million. If his mom wants to sue for $1 million and his dad for $1 million if they are separated or something then they could probably do that.

If the deceased say had a kid out of wedlock then the only possible lawsuit would be in the name of his kid. If he was married with no kids, his wife would be the only one who could bring a case.

Just the way it works bud. If you don't have legal standing, case is thrown out. Hell, just went through it personally last week with the family of a supposed "family member". Well, actually he was a family member in an adopted sense three generations ago. Absolutely no blood ties between us however. Case dismissed in ten minutes and they get to pay my lawyers and court costs.
 
#20
#20
stolitonic said:
Who else exactly do you think has legal standing to file a lawsuit? His third cousin Ray Ray?

I would assume the deceased was single and childless. His immediate family would be the only ones who have legal standing and once again, that is limited to an aggregate of $2 million. If his mom wants to sue for $1 million and his dad for $1 million if they are separated or something then they could probably do that.

If the deceased say had a kid out of wedlock then the only possible lawsuit would be in the name of his kid. If he was married with no kids, his wife would be the only one who could bring a case.

Just the way it works bud. If you don't have legal standing, case is thrown out. Hell, just went through it personally last week with the family of a supposed "family member". Well, actually he was a family member in an adopted sense three generations ago. Absolutely no blood ties between us however. Case dismissed in ten minutes and they get to pay my lawyers and court costs.
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I’d say his mother, every sister and brother, maybe grandparents

Warren Sapp said it best “every yr you’re in the league, you get another mouth to feed”. The guy had NFL potential.
 
#21
#21
Would a taxicab company suspend a driver that had 4 speeding tickets in 6 years? What about Uber or Lyft?
 
#22
#22
wmcovol said:
I’d say his mother, every sister and brother, maybe grandparents

Warren Sapp said it best “every yr you’re in the league, you get another mouth to feed”. The guy had NFL potential.
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Once again, legally speaking 3rd cousin Ray Ray has no standing to bring a lawsuit. I mean I guess they could go to the courthouse, pay the filing fee, and file lawsuits all day long. Each and every one of them (except the parents) would be dismissed immediately by the courts man.

Trust me, I'm as anti-UGA as you can get. Wouldn't bother me at all if they were sued into oblivion

Just cannot and will not happen here. They-as an entire family unit max out at $2 million. I already described how courts determine the next logical heirs for standing in these things. UGA knows they are screwed and will settle with the parents before any trial begins. Dawgs know they will lose in court and don't want any more bad PR. Might as well save the attorney fees and then try to pretend the whole thing never happened.

You may not like it or agree with cousin Ray Ray not being able to sue UGA, but that's just the way it is. No standing equals you lose.
 
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#23
#23
stolitonic said:
Once again, legally speaking 3rd cousin Ray Ray has no standing to bring a lawsuit. I mean I guess they could go to the courthouse, pay the filing fee, and file lawsuits all day long. Each and every one of them (except the parents) would be dismissed immediately by the courts man.

Trust me, I'm as anti-UGA as you can get. Wouldn't bother me at all if they were sued into oblivion

Just cannot and will not happen here. They-as an entire family unit max out at $2 million. I already described how courts determine the next logical heirs for standing in these things. UGA knows they are screwed and will settle with the parents before any trial begins. Dawgs know they will lose in court and don't want any more bad PR. Might as well save the attorney fees and then try to pretend the whole thing never happened.

You may not like it or agree with cousin Ray Ray not being able to sue UGA, but that's just the way it is. No standing equals you lose.
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Ok. Lay off the coffee thou.
 
#24
#24
wmcovol said:
I’d say his mother, every sister and brother, maybe grandparents

Warren Sapp said it best “every yr you’re in the league, you get another mouth to feed”. The guy had NFL potential.
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There's only one wrongful death claim. In the case of an unmarried, childless man, it is typically the parents who jointly have the claim. If that is his family situation, then they can jointly file a claim for 2 million dollars and then it's done. No more wrongful death claims, so 2 mil is the real max. If he has a kid, state's differ on how the pot gets split between relatives but the size of the pot does not increase. It will be 2 million dollars, it just a question of what family members are entitled to a piece of that pie, and they've all got to be in the suit together, one person can't come along and get a million and then the next person files a suit and gets a million. Sovereign immunity is in effect in most states and it's a be-otch if you are a party seriously injured or a relative of someone killed due to the malfeasance of a state employee.
 
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#25
#25
stolitonic said:
GA state law.

$2 million is the max you can sue for anything related to the state. If it was private university in GA, then yeah he could sue for much more.
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I'm by no means an attorney or legalese whiz (I haven't even stayed at a Holiday Inn Express in ages), but if the UGA Athletic Association is a 'cooperative organization' (per the link below) and not part of the University or Board of Regents...wouldn't that eliminate the $2mil limit to the wrongful death suit? The question in my mind is whether the affiliated/cooperative org in question (UGAAA) is a state agency or organization? If not, could the family go after them for an amount beyond that $2mil cap?

Per the link: Normally, affiliated organizations operate as entities with separate legal standing if created under articles of incorporation that distinguish it from the University System of Georgia.

Cooperative Organizations | Office of the President | University of Georgia
 
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