Son wins US lawsuit against parents who threw out his porn collection

[airplanemechanic]

Tell me again how we have to wear masks......

Face masks not 100% effective at preventing spread of COVID-19 - CDC

It is impossible to evaluate exactly where someone contracted the virus.

www.jpost.com

Didn't even bother to read the article you posted, huh? That would be expecting too much from you. Well, here are the highlights. And we won't even go into it as a disputed study.
Bottom line?...Wear the damn mask. And quit yer bitchin!

"It is possible that some of the infections may have been caused by removing face coverings for food or drink. Another possibility is airflow, as “direction, ventilation and intensity of airflow might affect virus transmission, even if social distancing measures and mask use are implemented according to current guidance,” according to the CDC report"

"However, the CDC report further explained that it is impossible to evaluate exactly where someone contracted the virus"
“Characterization of community exposures can be difficult to assess when widespread transmission is occurring, especially from asymptomatic persons within inherently interconnected communities,” the report stated".

"Despite this, face masks are still shown to be the most effective means of slowing the spread of the virus, and medical bodies worldwide recommend wearing them and maintaining social distancing measures".

The CDC clearly trying a CYA with that lame spin and speculation.

You lose again, Tardboi.

The CDC alost reports that contact tracing reveals 70+% of COVS cases get it from their spouse. Has anyone told you to wear a mask inside your home with you husband?

Yet again, there is no "but what would he have done without their help?"

Irrelevant, they had no right to destroy his property.

Again, we don't know what went on behind closed doors. The story was rather short. So what would you say if they asked and demand that he remove it from their home on several occasions, and he refused? Then I would say they had the right to throw it away.

The story is WAY short on details. For instance it's not clear whether they were the son's "landlords" at the same time they disposed of the porn box, or if it had been left there for years after he moved out. If it's the latter, it's clearly taking up space they're not being paid for.

They said that they were his landlords. That hurt their case, as no landlord has the right to destroy others property.

NOTHING ELSE MATTERS. Like I said before many times, doesn't matter that he didn't pay rent. Doesn't matter that they were helping him out by giving him a place to stay. Doesn't matter that he was unemployed. Doesn't matter doesn't matter doesn't matter. THEY HAD NO RIGHT TO DESTROY HIS PROPERTY.

That is where it starts and that is WHERE IT ENDS.

Not that simple. Once AGAIN the supplied article does not make the timeline clear. That is, was he living there concurrently with their disposing of the pornbox? If yes, that would make then landlords and your point valid. But if the box was left there years before ---- as is indicated by the simple fact of its being in the antiquated form it was ---- then it looks like abandoned property.

Indications are that he left this box there years, maybe decades ago, and then more recently decided he wanted to wax nostalgic while waxing his carrot, only to find upon visiting his parents' house that they had got rid of it, probably eons ago. Which would be entirely reasonable.

Irrelevant. If it were "abandoned property" the parents would STILL have to take all legal measures before disposing of it including documenting the attempts they made to get the plantiff to come and get it as well as getting the local sheriff involved as well.

Failure to do that is just throwing away someone else's stuff, which is illegal.

Can you legally throw away someoneâs items after you tell him that he cannot keep them at your house? Your name, and not theirs, is solel...

Answer (1 of 20): A lot depends on how their items ended up in your property in the first place. If some random person just randomly dumped stuff into my house, then I don’t have any duties toward that person. If on the other hand, I told someone that they could put their stuff in my house, then ...

www.quora.com

What matters is the relationship between them, did they consent to the material being brought onto their property? If they did, they are obligated to not throw it away. Being his parents, and they admitted they threw it away AND admitted to letting him stay there, there is reasonable expectation that his belongings will follow him.

Game. Set. Match.

 

[Pogo]

Tell me again how we have to wear masks......

Face masks not 100% effective at preventing spread of COVID-19 - CDC

It is impossible to evaluate exactly where someone contracted the virus.

www.jpost.com

Didn't even bother to read the article you posted, huh? That would be expecting too much from you. Well, here are the highlights. And we won't even go into it as a disputed study.
Bottom line?...Wear the damn mask. And quit yer bitchin!

"It is possible that some of the infections may have been caused by removing face coverings for food or drink. Another possibility is airflow, as “direction, ventilation and intensity of airflow might affect virus transmission, even if social distancing measures and mask use are implemented according to current guidance,” according to the CDC report"

"However, the CDC report further explained that it is impossible to evaluate exactly where someone contracted the virus"
“Characterization of community exposures can be difficult to assess when widespread transmission is occurring, especially from asymptomatic persons within inherently interconnected communities,” the report stated".

"Despite this, face masks are still shown to be the most effective means of slowing the spread of the virus, and medical bodies worldwide recommend wearing them and maintaining social distancing measures".

The CDC clearly trying a CYA with that lame spin and speculation.

You lose again, Tardboi.

The CDC alost reports that contact tracing reveals 70+% of COVS cases get it from their spouse. Has anyone told you to wear a mask inside your home with you husband?

Yet again, there is no "but what would he have done without their help?"

Irrelevant, they had no right to destroy his property.

Again, we don't know what went on behind closed doors. The story was rather short. So what would you say if they asked and demand that he remove it from their home on several occasions, and he refused? Then I would say they had the right to throw it away.

The story is WAY short on details. For instance it's not clear whether they were the son's "landlords" at the same time they disposed of the porn box, or if it had been left there for years after he moved out. If it's the latter, it's clearly taking up space they're not being paid for.

They said that they were his landlords. That hurt their case, as no landlord has the right to destroy others property.

NOTHING ELSE MATTERS. Like I said before many times, doesn't matter that he didn't pay rent. Doesn't matter that they were helping him out by giving him a place to stay. Doesn't matter that he was unemployed. Doesn't matter doesn't matter doesn't matter. THEY HAD NO RIGHT TO DESTROY HIS PROPERTY.

That is where it starts and that is WHERE IT ENDS.

Not that simple. Once AGAIN the supplied article does not make the timeline clear. That is, was he living there concurrently with their disposing of the pornbox? If yes, that would make then landlords and your point valid. But if the box was left there years before ---- as is indicated by the simple fact of its being in the antiquated form it was ---- then it looks like abandoned property.

Indications are that he left this box there years, maybe decades ago, and then more recently decided he wanted to wax nostalgic while waxing his carrot, only to find upon visiting his parents' house that they had got rid of it, probably eons ago. Which would be entirely reasonable.

Irrelevant. If it were "abandoned property" the parents would STILL have to take all legal measures before disposing of it including documenting the attempts they made to get the plantiff to come and get it as well as getting the local sheriff involved as well.

Failure to do that is just throwing away someone else's stuff, which is illegal.

Can you legally throw away someoneâs items after you tell him that he cannot keep them at your house? Your name, and not theirs, is solel...

Answer (1 of 20): A lot depends on how their items ended up in your property in the first place. If some random person just randomly dumped stuff into my house, then I don’t have any duties toward that person. If on the other hand, I told someone that they could put their stuff in my house, then ...

www.quora.com

What matters is the relationship between them, did they consent to the material being brought onto their property? If they did, they are obligated to not throw it away. Being his parents, and they admitted they threw it away AND admitted to letting him stay there, there is reasonable expectation that his belongings will follow him.

Game. Set. Match.

Noooooooooo don't think so.

You seem to think that everything that comes into a home goes through some kind of screening process, maybe even a metal detector, that it may be "approved" with some form. Doesn't work that way. If I give you a ride and you leave your trash in my car, I can throw it away, period. I don't have to get the friggin' sheriff involved. And I don't do pay sites so not even clicking that one.

But you've already contradicted your own point anyway, to wit:

"there is reasonable expectation that his belongings will follow him."

Yep, there is. And if his belongings didn't follow him, then after a time it's reasonable to expect those belongings are NOT GOING TO follow him. Given how long it's been since porn was conveyed in magazines and 35mm film, it's logical to expect it didn't follow him for a considerable period of time.

You can't just plop your stuff everywhere in the world and expect it'll still be there 78 years later.

 

[Ray From Cleveland]

Irrelevant. If it were "abandoned property" the parents would STILL have to take all legal measures before disposing of it including documenting the attempts they made to get the plantiff to come and get it as well as getting the local sheriff involved as well.

Failure to do that is just throwing away someone else's stuff, which is illegal.

Can you legally throw away someone’s items after you tell him that he cannot keep them at your house? Your name, and not theirs, is solely on house. - Quora
What matters is the relationship between them, did they consent to the material being brought onto their property? If they did, they are obligated to not throw it away. Being his parents, and they admitted they threw it away AND admitted to letting him stay there, there is reasonable expectation that his belongings will follow him.

Posting another blog is not proof of anything, so it's not game, set, match. If his parents didn't want it in the house, I seriously doubt they gave him permission to bring it in. Sounds like they found it and wanted him to get rid of it while he was a resident there. Plus I doubt he asked permission to bring it with him.

As a landlord, if somebody leaves behind their property, I throw it out. In fact that happened this past summer. The guy left just about everything there but his clothing and personal belongings. He was moving into a friends apartment and there was no room for his stuff. I threw away a refrigerator, two mattresses and box springs, two dressers, several chairs and a table, and his living room furniture. Not only was I legally allowed to throw it out, but I kept his security deposit for all the work getting that stuff out to the curb and there plus a few other things like a lot of cleaning and some repairs I had to do.

 

[airplanemechanic]

Irrelevant. If it were "abandoned property" the parents would STILL have to take all legal measures before disposing of it including documenting the attempts they made to get the plantiff to come and get it as well as getting the local sheriff involved as well.

Failure to do that is just throwing away someone else's stuff, which is illegal.

Can you legally throw away someone’s items after you tell him that he cannot keep them at your house? Your name, and not theirs, is solely on house. - Quora
What matters is the relationship between them, did they consent to the material being brought onto their property? If they did, they are obligated to not throw it away. Being his parents, and they admitted they threw it away AND admitted to letting him stay there, there is reasonable expectation that his belongings will follow him.

Posting another blog is not proof of anything, so it's not game, set, match. If his parents didn't want it in the house, I seriously doubt they gave him permission to bring it in. Sounds like they found it and wanted him to get rid of it while he was a resident there. Plus I doubt he asked permission to bring it with him.

As a landlord, if somebody leaves behind their property, I throw it out. In fact that happened this past summer. The guy left just about everything there but his clothing and personal belongings. He was moving into a friends apartment and there was no room for his stuff. I threw away a refrigerator, two mattresses and box springs, two dressers, several chairs and a table, and his living room furniture. Not only was I legally allowed to throw it out, but I kept his security deposit for all the work getting that stuff out to the curb and there plus a few other things like a lot of cleaning and some repairs I had to do.

Do that to my stuff and I'll sue the shit out of you.

 

[Ray From Cleveland]

Do that to my stuff and I'll sue the shit out of you.

You'd have to be a tenant of mine first. The rental unit is in your possession until the last day of the month the last rent was paid. Once you are no longer paying on that unit and turnover the keys to me, the unit goes into my possession making it and everything in it my property. Therefore I get to judge what happens to it. Now if a tenant wants to keep belongings in the apartment, they have to continue paying rent and I can't touch it until the rent expires.

 

[Turtlesoup]

Maybe when his wife found it, she didn't want to get sued by throwing it away, so she divorced him instead.

Wouldn't half of it belong to her as community property?
Maybe in the divorce split, she got the car, and he got the porn.

What happens if the divorce hadn't been finalized and agreed on and now the wife is entitled to 1/2 of the $29,000 in porn?

 

[Ray From Cleveland]

What happens if the divorce hadn't been finalized and agreed on and now the wife is entitled to 1/2 of the $29,000 in porn?

I don't know one woman that's into porn yet alone have a collection. I'm sure she wouldn't want any part of that item.

 

[Turtlesoup]

What happens if the divorce hadn't been finalized and agreed on and now the wife is entitled to 1/2 of the $29,000 in porn?

I don't know one woman that's into porn yet alone have a collection. I'm sure she wouldn't want any part of that item.

Yes, but the items is gone and now only CASH $$$$ remains in its place...if I were her, I would demand my half of the $29,000.

 

[airplanemechanic]

Do that to my stuff and I'll sue the shit out of you.

You'd have to be a tenant of mine first. The rental unit is in your possession until the last day of the month the last rent was paid. Once you are no longer paying on that unit and turnover the keys to me, the unit goes into my possession making it and everything in it my property. Therefore I get to judge what happens to it. Now if a tenant wants to keep belongings in the apartment, they have to continue paying rent and I can't touch it until the rent expires.

Wrong. You can't throw away property the day after I leave. I highly advise you don't rent property you'll get cleaned out by your tenants.

Can a Landlord Get Rid of a Tenant’s Abandoned Property?

Sometimes a tenant moves out of a rental and leaves behind their possessions. Here is how long you must store a tenant’s abandoned property in your state.

www.thebalancesmb.com

.

State laws vary from no statute on abandoned property to having to file an eviction notice in order to dispose of an old tenants property.

 

[ColonelAngus]

Magazines, videos, and toys worth $29,000?

Good lord, thats alot of porn.

 

[progressive hunter]

 

[airplanemechanic]

What happens if the divorce hadn't been finalized and agreed on and now the wife is entitled to 1/2 of the $29,000 in porn?

I don't know one woman that's into porn yet alone have a collection. I'm sure she wouldn't want any part of that item.

Michigan has a law that states if you destroy someone's property you are liable for all court costs, attorney fees and 3x the value of the destroyed items.

Court papers show that the son asked the parents to help him move the porn out, they said no. He said ok, I'll come get it later, it's valuable. They decided it wasn't and destroyed it. All facts are against these parents. They wouldn't help him move the stuff out, he said it's valuable I'll come back and get it, and they STILL destroyed it.

Cut and dry case.

 

[NewsVine_Mariyam]

A man who sued his parents for getting rid of his pornography collection has won a lawsuit in western Michigan and can seek compensation. The US district judge Paul Maloney ruled in favour of David Werking, who said his parents had no right to throw out his collection. He lived at their Grand Haven home for 10 months after a divorce before moving to Muncie, Indiana.

Werking said boxes of films and magazines worth an estimated $29,000 (£21,500) were missing. “There is no question that the destroyed property was David’s property,” Maloney said. “Defendants repeatedly admitted that they destroyed the property.”

Werking’s parents said they had a right to act as his landlords. “Defendants do not cite to any statute or case law to support their assertion that landlords can destroy property that they dislike,” the judge said.

Son wins US lawsuit after parents destroy his porn collection

David Werking can seek damages after parents got rid of films and magazines worth $29,000

www.theguardian.com

While I admit the parents should have never thrown away this guys property, isn't he being a little ungrateful for them taking him in for nearly a year during a time of need, and then suing them in court? While the parents could have told him to find a different place for his porn, he should know his parents well enough to anticipate their rejection of his hobby. What I don't understand is a porn collection. 30 years ago? Yeah, perhaps, but who collects porn these days when we all have access to the internet and can watch or see just about anything we want?

Please tell me this is supposed to be a joke.

Why did the freak have $30,000 worth of porn anyway? And what would make him think it's ok to take it to his mom's house?

His wife kicked him out and mom's was the only place he had to take it?

 

[airplanemechanic]

People are getting too hung up on it being porn. If it would have been his coin collection, would you still feel they had a right to throw it out?

 

[airplanemechanic]

Magazines, videos, and toys worth $29,000?

Good lord, thats alot of porn.

Yes it was reported to be 14 full boxes.

 

[ColonelAngus]

Magazines, videos, and toys worth $29,000?

Good lord, thats alot of porn.

Yes it was reported to be 14 full boxes.

Seems like that guy was not filling any boxes.

 

[Crepitus]

A man who sued his parents for getting rid of his pornography collection has won a lawsuit in western Michigan and can seek compensation. The US district judge Paul Maloney ruled in favour of David Werking, who said his parents had no right to throw out his collection. He lived at their Grand Haven home for 10 months after a divorce before moving to Muncie, Indiana.

Werking said boxes of films and magazines worth an estimated $29,000 (£21,500) were missing. “There is no question that the destroyed property was David’s property,” Maloney said. “Defendants repeatedly admitted that they destroyed the property.”

Werking’s parents said they had a right to act as his landlords. “Defendants do not cite to any statute or case law to support their assertion that landlords can destroy property that they dislike,” the judge said.

Son wins US lawsuit after parents destroy his porn collection

David Werking can seek damages after parents got rid of films and magazines worth $29,000

www.theguardian.com

While I admit the parents should have never thrown away this guys property, isn't he being a little ungrateful for them taking him in for nearly a year during a time of need, and then suing them in court? While the parents could have told him to find a different place for his porn, he should know his parents well enough to anticipate their rejection of his hobby. What I don't understand is a porn collection. 30 years ago? Yeah, perhaps, but who collects porn these days when we all have access to the internet and can watch or see just about anything we want?

Please tell me this is supposed to be a joke.

Why did the freak have $30,000 worth of porn anyway? And what would make him think it's ok to take it to his mom's house?

His wife kicked him out and mom's was the only place he had to take it?

Would you, if that were the case?

 

[Ray From Cleveland]

Yes it was reported to be 14 full boxes.

Where did you get that? Certainly not from the OP.

 

[Ray From Cleveland]

I appreciate that video because it answers a lot of unanswered questions we had. It also tells me I'm not the only person with weird sense of humor to post a story like this.

The statute he stated has nothing to do with this case and he won't owe three times the value, attorneys fees or anything like that. His claim is that the judge viewed it from a legal perspective as a landlord/ tenant situation. Now I've been a landlord going on 30 years. Mind you I'm a few states away from Michigan, but our law here in Ohio is that if any of my tenants vacate a rental unit, that unit is turned back to my possession. It's my property, and anything in it is my property unless I worked out some sort of deal with my former tenant, or he pays me rent for the amount of time his property is in that unit. I am under no legal obligation to store belongings of my past tenants by law. You don't take it with you, you're not paying rent to have it stored here, it's up to me what I wish to do with it. I can throw it out. I can sell it. I can give it to the Salvation Army or various other charitable organization, and even get a tax credit depending on it's value.

If this judge orders the parents to pay this goof for his stupid porn collection, I would appeal that immediately.

 

[Ray From Cleveland]

Do that to my stuff and I'll sue the shit out of you.

You'd have to be a tenant of mine first. The rental unit is in your possession until the last day of the month the last rent was paid. Once you are no longer paying on that unit and turnover the keys to me, the unit goes into my possession making it and everything in it my property. Therefore I get to judge what happens to it. Now if a tenant wants to keep belongings in the apartment, they have to continue paying rent and I can't touch it until the rent expires.

Wrong. You can't throw away property the day after I leave. I highly advise you don't rent property you'll get cleaned out by your tenants.

Can a Landlord Get Rid of a Tenant’s Abandoned Property?

Sometimes a tenant moves out of a rental and leaves behind their possessions. Here is how long you must store a tenant’s abandoned property in your state.

www.thebalancesmb.com

.

State laws vary from no statute on abandoned property to having to file an eviction notice in order to dispose of an old tenants property.

And if you look at my state, there is no law that says I have to hold it. I already had a problem with this and my lawyer advised me that in Ohio, if somebody leaves property behind, it's my choice what to do with it. Also, the map shows that Michigan (where this incident took place) also has no laws on landlord storing property.