**See This Page With Full Graphics, Pictures and Color!** CLICK HERE --> : Teaneck couple sue radio shock jocks
NoFilterPaul
12-04-2007, 08:28 AM
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dnFlZUVFeXkyJmZnYmVs N2Y3dnFlZUVFeXk3MjI5NTMy
Tuesday, December 4, 2007
By CAROLYN SALAZAR
STAFF WRITER
Take two notorious shock jocks, two prominent television reporters and a zealous fan armed with an air horn – and what do you have?
A lawsuit.
Anthony Johnson, a Teaneck resident and news reporter for WABC-TV, says his ears are still ringing after a fan without provocation assaulted him with an air horn during a live shot two years ago. The fan, carrying out an "Assault on the Media" campaign trumpeted by satellite radio jocks Opie & Anthony, caused Johnson "severe and permanent" damage to an eardrum, the lawsuit says.
That incident drew publicity and even prompted then-acting Gov. Richard Codey – who has had his own issues with shock jocks – to inject himself into the matter by scolding Opie & Anthony and calling their campaign against the media "inappropriate and dangerous." The campaign was discontinued shortly afterward.
"The campaign against the media crossed the line from humor to irresponsible," said Johnson's attorney, Rosemarie Arnold, who filed the lawsuit at the Bergen County Courthouse in Hackensack on Monday. "And it caused my client severe personal injury."
The suit, filed on behalf of Johnson and his wife, WNBC news reporter Pat Battle, targets Opie, whose real name is Greg Hughes; Anthony, whose full name is Anthony Cumia; John D. Walton, a resident of Ocean Township in Monmouth County who carried out the prank; and XM Satellite Radio. It asks for compensatory and punitive damages.
"One would think that because they are media personalities themselves, they should know better," Johnson said Monday.
An XM Satellite Radio spokesman would not comment on the lawsuit. Walton, 32, did not return a message left with his mother. Opie & Anthony could not be reached for comment.
The Opie & Anthony Show, a talk program that moved from traditional radio to XM Satellite Radio following a controversial stunt involving St. Patrick's Cathedral in New York City, has long been known for its raunchy skits and over-the-top pranks. The duo, whose morning show is simulcast over the air on WXRK radio in New York, have faced suspensions and fines for their pranks.
Two years ago, to drum up publicity for its new satellite show, Opie & Anthony launched an "Assault on the Media" campaign that encouraged its listeners to disrupt live, on-air news broadcasts to advertise its show. At the time, the show repeatedly asked its listeners not to pick fights with reporters or cause injuries.
On Dec. 6, 2005, Johnson was in South Jersey doing a live, early morning broadcast about snowfall in Ocean Township. According to the complaint, Walton pulled up behind Johnson while he was at a Hess gas station, waved an Opie & Anthony bumper sticker, blew a hand-held air horn and screamed "Opie & Anthony XM Radio!"
The cameraman immediately moved the video camera so viewers were not able to see the incident.
Arnold said her client, who missed work for two weeks because of his injuries, suffered permanent ear damage and loss of balance. She said she was happy the campaign was discontinued after the Johnson incident, but said that was not enough.
"Unfortunately, it was too little, too late," she said. "The damage had already been done."
E-mail: salazar@northjersey.com
BaLZaC~308
12-04-2007, 08:31 AM
El OH EL
Walton, 32, did not return a message left with his mother
hahaha fucking typical OnA fan
domelogic
12-04-2007, 08:35 AM
i dont remember. did he blow the air horn right into his ear? if not how in the hell would he have ear damage? lets sue for everything
blueribbie
12-04-2007, 08:38 AM
any news is good news?
mascan42
12-04-2007, 08:53 AM
What a load of crap. Two years later and now he decides to sue? Who wants to bet the statute of limitations was about to run out?
WonkaVision
12-04-2007, 08:54 AM
I would pay $500 to see the video of that attack.
mayor menino
12-04-2007, 08:59 AM
the funniest thing about this whole thing is that anthony johnson is married to pat battle who is also named as a plaintiff
nolajersey
12-04-2007, 09:34 AM
Why sue now? Because of the impending merger?
Dr. Hoffman
12-04-2007, 09:35 AM
Why sue now? Because of the impending merger?
I doubt it. I think someone hit it above that the statute of limitations is most likely very close to running out.
Death Metal Moe
12-04-2007, 09:38 AM
Sad part is XM or whoever will just settle out of court and this douche bag will get what he's looking for:
Attention and money.
If I were XM, I'd pull EVERY time O&A announced the rules of the contest, which included not touching or hurting anyone, and play it for the jury. The guy is going after the show, not the guy because the show and their company have money, but it's the guy's fault.
I hope this jackoff gets zilch but we all know they'll pay him off, have him sign something and sweep him under the rug to kill the bad press.
kloraferm
12-04-2007, 09:40 AM
Jeez, this country is rapidly becoming a bunch of whining, litigious crybabies.
TJLamb0518
12-04-2007, 09:48 AM
XM did not reply to inquiries.
O&A did not reply to inquiries.
The pest did not reply to inquiries.
The only one who heard the fucking phone ringing was the DEAF one????
NightStalker3
12-04-2007, 09:54 AM
the funniest thing about this whole thing is that anthony johnson is married to pat battle who is also named as a plaintiff
This is fucking ironic, EL OH EL .
At the time, the show repeatedly asked its listeners not to pick fights with reporters or cause injuries.
NoFilterPaul
12-04-2007, 10:11 AM
At the time, the show repeatedly asked its listeners not to pick fights with reporters or cause injuries.
It's nice to see an honest reporter for once.
mascan42
12-04-2007, 10:15 AM
Oh, no. The AP picked up the story.
http://www.1010wins.com/Reporter-is-Suing-Opie---Anthony-for-Ear-Damage/1282228
Reporter is Suing Opie & Anthony for Ear Damage
HACKENSACK, N.J. (AP) -- A TV reporter who lives in Teaneck is suing radio shock jocks Opie & Anthony over a prank that he says left his ears ringing.
WABC-TV's Anthony Johnson was doing a live report about snow in 2005 when he says an Opie & Anthony fan waved a bumper sticker and blew an air horn.
The radio duo had recently launched an "Assault on the Media'' campaign that encouraged listeners to draw attention to their show during live news broadcasts.
Johnson says he missed two weeks of work and suffered permanent ear damage.
The suit also names the listener who carried out the prank and XM Satellite Radio.
In addition to Johnson, the lawsuit was filed on behalf of his wife, WNBC-TV reporter Pat Battle.
seeinred
12-04-2007, 10:25 AM
What a pussy. I blew an air horn in a guy's ear once after a lacrosse game. He couldn't hear out of that ear for the rest of the day but he was fine after that.
Sinn Fein
12-04-2007, 10:30 AM
I know we got an attorney or two floating around here. I'd love to hear their thoughts.
TJLamb0518
12-04-2007, 10:42 AM
Sharks don't think. They swim, they eat and they make little sharks.
NoFilterPaul
12-04-2007, 10:44 AM
Oh, no. The AP picked up the story.
http://www.1010wins.com/Reporter-is-Suing-Opie---Anthony-for-Ear-Damage/1282228
Reporter is Suing Opie & Anthony for Ear Damage
HACKENSACK, N.J. (AP) -- A TV reporter who lives in Teaneck is suing radio shock jocks Opie & Anthony over a prank that he says left his ears ringing.
WABC-TV's Anthony Johnson was doing a live report about snow in 2005 when he says an Opie & Anthony fan waved a bumper sticker and blew an air horn.
The radio duo had recently launched an "Assault on the Media'' campaign that encouraged listeners to draw attention to their show during live news broadcasts.
Johnson says he missed two weeks of work and suffered permanent ear damage.
The suit also names the listener who carried out the prank and XM Satellite Radio.
In addition to Johnson, the lawsuit was filed on behalf of his wife, WNBC-TV reporter Pat Battle.
Same article in Asbury Park Press....
http://www.app.com/apps/pbcs.dll/article?AID=/20071204/NEWS/71204014
Kris_LTRMa
12-04-2007, 10:50 AM
Jeez, this country is rapidly becoming a bunch of whining, litigious crybabies.
becoming? Honey I've been working in a civil court for almost 10 years .... becoming has long since come & gone. It's the new way of making money without having to work for it.
I doubt race has anything to do with it, but.....
Here are the litigants:
Defendants:
Gregg Hughes = White
Anthony Cumia = White
John D. Walton = White
Plaintiffs:
http://img146.imageshack.us/img146/8287/patbattleax2.jpghttp://img146.imageshack.us/img146/6938/anthonyjohnsonub5.jpg
NoFilterPaul
12-04-2007, 10:54 AM
Newsday:
http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--shockjockssued1204dec04,0,2930892.story
d0uche_n0zzle
12-04-2007, 10:55 AM
Johnson says he missed two weeks of work and suffered permanent ear damage.
Two fucking weeks of missed work? Most states you need to be "injured" out of work for at least ninety days to have a 'legit' claim.
Hudson
12-04-2007, 11:02 AM
I'd sue too if I was married to that mess
BobDammit
12-04-2007, 11:08 AM
XM did not reply to inquiries.
O&A did not reply to inquiries.
The pest did not reply to inquiries.
The only one who heard the fucking phone ringing was the DEAF one????
Now thats fuckin funny. :action-sm
Three Hole Puncher
12-04-2007, 11:08 AM
I know we got an attorney or two floating around here. I'd love to hear their thoughts. The thoughts of lawyers? Here ya go...
Money, money, money, money, was that a siren I heard? Money, money, money, more money, have you been injured in an accident? Money, money, money, money, Sue! Sue everybody! Money, money, money, your honor! My client broke a fingernail! Give me...er... I mean give her lot's of money! Money, money, money, much more money, money, compensation for her pain and suffering! Monetary compensation! Money, money, money...
...played out in an endless loop.
Razor Roman
12-04-2007, 11:13 AM
too bad every time they mentioned AOTM on the air they said don't hurt the reporters.
NoFilterPaul
12-04-2007, 11:14 AM
http://gothamist.com/2007/12/04/radio_rules_sha.php
On the Radio: Reporter Sues Shock Jocks
In other radio news Soup Cans reports that "Incessantly controversial radio personalities Opie and Anthony have enjoyed seeing fans disrupt live news coverage with their Assault the Media campaign. Now one television reporter, WABC's reporter Anthony Johnson, is suing the duo, their former employer, XM radio as well as the listener who apparently did more than just disturb a newscast." When will these shock jocks learn? The prankster reportedly blew an air horn into Johnson's ear and caused permanent damage! New Jersey's Acting Governor Richard J. Codey wasn't happy about the aural accost, stating that "encouraging fans to intervene in live news shots is inappropriate and dangerous."
http://radio.about.com/od/opieanthony/a/aa120705a.htm
Opie & Anthony Draw Ire of New Jersey Governor Over Air Horn Stunt
Dateline: 12/07/05
One of the visitors to the Radio site at About.com who claims to have been at this event, emailed me with his opinionated account of an Opie & Anthony stunt that occurred yesterday (12/07/05) Remember, he's not reporting the story, he's relaying how he perceives it transpired.
Today, in Oakhurst, New Jersey, a Firefighter who is a fan of the low-brow Opie & Anthony XM Satellite radio show, followed their commandment to disrupt a live news cast, with potentially serious consequences.
The journalist, Anthony Johnson of WABC, Channel 7 in NY, was reporting on the snow storm that hit the area overnight. In addition to holding up the Opie & Anthony sign, as instructed by the radio shock-jocks, the Firefighter - who should know better - used an air-horn to blow into Mr. Johnson’s ear, causing hearing loss.
As the firefighter tried to escape the scene, his exit was blocked. Police were called in and the man was given a summons – but only for disorderly conduct – not assault.
This “prank” goes much too far when it causes harm to people who are simply doing their jobs. - K.B.
The office of the Acting Governor of New Jersey, Richard J. Codey, issued a statement in response to the incident: "Following an incident today where WABC New Jersey Reporter Anthony Johnson was harassed by a fan of a popular radio show that encourages fans to disrupt live broadcasts, Acting Governor Richard J. Codey issued the following statement."
Encouraging fans to intervene in live news shots is inappropriate and dangerous. Today a fan sounded an air horn in a reporter’s ear and this action may result in permanent hearing damage for the reporter who was harassed. Reporters are professionals who provide a great service to the public by delivering news. They should be treated with respect and not antagonized as part of a radio show gag. I won't tolerate anything less in our state. The person who committed this act should be prosecuted to the fullest extent of the law. I wish Mr. Johnson a speedy and healthy recovery.
Opie & Anthony are heard on XM Satellite Radio.
Arch Stanton
12-04-2007, 11:17 AM
Those screen caps only help the claimant.
NoFilterPaul
12-04-2007, 11:20 AM
Those screen caps only help the claimant.
good point sir, good point... fixed
Three Hole Puncher
12-04-2007, 11:23 AM
Those screen caps only help the claimant.Uhhh... like it's going to be difficult for them to get their hands on the original video footage of "the incident"?
Arch Stanton
12-04-2007, 11:23 AM
good point sir, good point... fixed
Well done my friend.
NoFilterPaul
12-04-2007, 11:29 AM
Uhhh... like it's going to be difficult for them to get their hands on the original video footage of "the incident"?
According to the article, the whole incident wasn't caught on camera.
Stormrider666
12-04-2007, 11:49 AM
becoming? Honey I've been working in a civil court for almost 10 years .... becoming has long since come & gone. It's the new way of making money without having to work for it.
I doubt race has anything to do with it, but.....
Here are the litigants:
Defendants:
Gregg Hughes = White
Anthony Cumia = White
John D. Walton = White
Plaintiffs:
http://img146.imageshack.us/img146/8287/patbattleax2.jpghttp://img146.imageshack.us/img146/6938/anthonyjohnsonub5.jpg
Then why bring up race in the first palce, it doesn't have anything to do with the case. The only color this case is about is green, the color of money. That being said, the case is frivilous and should be thrown out. I think the constant disclaimers the boys put out about not injuring the reporters will prevent them from being held accountable. John D. Walton, however may not be so lucky.
NoFilterPaul
12-04-2007, 11:56 AM
http://www.wnbc.com/news/14769266/detail.html
WhiskeyWhispers
12-04-2007, 11:56 AM
Hell I'm blacker than that guy is.
NoFilterPaul
12-04-2007, 12:32 PM
http://www.myfoxny.com/myfox/pages/News/Detail?contentId=5117411&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
http://www.nj.com/news/index.ssf/2007/12/tv_reporter_sues_shock_jocks_o.html
http://www.c-n.com/apps/pbcs.dll/article?AID=/20071204/FRONT01/71204010
http://www.nj.com/newsflash/jersey/index.ssf?/base/news-28/1196771350255720.xml&storylist=jersey
IsThatATrain ?
12-04-2007, 12:44 PM
Pat Battle's husband ?
As in THE Pat Battle ?
What's the world coming to ????
your dads a pedo
12-04-2007, 12:46 PM
Thats right a reporter is doing his job, a jackass fan blows an airhorn in his ear and its the reporters fault.
Hes black so it must be he is going after money, the level of intelligence on this board, or should I say lack there of is astounding.
Anyone who lives with their parents at 32 and thinks its funny to blow an airhorn to get 30 seconds of radio time has far more problems then a lawsuit.
You people realize its a RADIO SHOW and if this guy loses this lawsuit hes not going to be a martyr and O&A will not take the fall for him.
jimmyjimjimz
12-04-2007, 12:59 PM
if this happened 2 years ago, why are they sueing now? Why couldnt they sue right after this happened?
Death Metal Moe
12-04-2007, 01:06 PM
Thats right a reporter is doing his job, a jackass fan blows an airhorn in his ear and its the reporters fault.
Hes black so it must be he is going after money, the level of intelligence on this board, or should I say lack there of is astounding.
Anyone who lives with their parents at 32 and thinks its funny to blow an airhorn to get 30 seconds of radio time has far more problems then a lawsuit.
You people realize its a RADIO SHOW and if this guy loses this lawsuit hes not going to be a martyr and O&A will not take the fall for him.
That's a pretty stuck up post from a guy who's screen name is "your dads a pedo."
patbattlefield
12-04-2007, 01:06 PM
if this happened 2 years ago, why are they sueing now? Why couldnt they sue right after this happened?
because attorneys are scum and tell their clients to wait until the statute of limitations is almost up to file. also they probably wanted to get a good amount of evidence built up from doctor's reports to bring to trial.
The Duch
12-04-2007, 01:06 PM
http://www.1010wins.com/pages/1282228.php?contentType=4&contentId=1218209
UsedLadBag
12-04-2007, 01:10 PM
I don't believe it.
"One would think that because they are media personalities themselves, they should know better," Johnson said Monday
would have sounded more like:
"Mon wood dink dat because dey are media personalidies demselves, dey should know bedder," Johnson said Monday
your dads a pedo
12-04-2007, 01:11 PM
That's a pretty stuck up post from a guy who's screen name is "your dads a pedo."
Youre right, I guess I need to change my screen name to make a valid point. Thats really weak but I guess you agree with the content so thank you.
metakomm
12-04-2007, 01:19 PM
Why isn't a lawsuit justified? If someone blew an airhorn and permanently damaged my hearing, they would get the shit sued out of them. That contributes to a decline in quality of life...Hearing loss isn't just an "okay, no big deal" thing.
moegolden
12-04-2007, 01:20 PM
Honest question - I've seen all of the references to Pat Battle for years - had her name come up around here before the thing with Johnson happened?
CougarHunter
12-04-2007, 01:20 PM
Rich white people are ATM's for the savages, whether they are coming out your window with your stereo, or suing you in court over bullshit.
NightStalker3
12-04-2007, 01:23 PM
Honest question - I've seen all of the references to Pat Battle for years - had her name come up around here before the thing with Johnson happened?
Yes, probably in the late winter/spring of 2005. Right around the Arthur Chien incident.
Sinn Fein
12-04-2007, 01:28 PM
Anyone who thinks this is racial is a jackass.
The media, in general, are scumbags, the lowest form of "humanity" and this is just in-line with their typical behavior.
TonyRockyhorror
12-04-2007, 01:43 PM
Hes black so it must be he is going after money,
As a non-racist (I do have several black friends) I believe the lad was pointing out and reinforcing the perception that African Americans would rather get some form of welfare, whether it’s through the government dole or lawsuits, than earn their living through hard, honest work.
Besides, if you believe dem colored folk got dem jobs ‘cuz of dey talent, you livin’ in a fantasy world!
PuddingChest
12-04-2007, 01:45 PM
It's time for extra support for O&A. We all need to remember, we're not just PESTS, we're WACKBAG PESTS. And when your a Wackbag Pest, your a Wackbag Pest For Life. When Wackbag Pests unite, there is nothing we cant accomplish. WP4L WP4L WP4L... WACKBAG PEST FOR LIFE... Yeahhh!!!
Dr. Hoffman
12-04-2007, 01:46 PM
Honest question - I've seen all of the references to Pat Battle for years - had her name come up around here before the thing with Johnson happened?
And one back at you...why wait for two years to file this suit?
UsedLadBag
12-04-2007, 01:47 PM
Honest question - I've seen all of the references to Pat Battle for years - had her name come up around here before the thing with Johnson happened?
what?
your dads a pedo
12-04-2007, 01:51 PM
It's time for extra support for O&A. We all need to remember, we're not just PESTS, we're WACKBAG PESTS. And when your a Wackbag Pest, your a Wackbag Pest For Life. When Wackbag Pests unite, there is nothing we cant accomplish. WP4L WP4L WP4L... WACKBAG PEST FOR LIFE... Yeahhh!!!
God I hope this was sarcastic and ironic.
mascan42
12-04-2007, 01:56 PM
Why isn't a lawsuit justified? If someone blew an airhorn and permanently damaged my hearing, they would get the shit sued out of them. That contributes to a decline in quality of life...Hearing loss isn't just an "okay, no big deal" thing.
The lawsuit is justified . . . against the guy with the airhorn. But this guy is going after O&A and XM because they'll pay more money to make the matter go away. That's why people here are calling the reporter a scumbag.
Death Metal Moe
12-04-2007, 01:58 PM
Youre right, I guess I need to change my screen name to make a valid point. Thats really weak but I guess you agree with the content so thank you.
Not so fast there lil' slugger...
MJMANDALAY
12-04-2007, 02:01 PM
It's time for extra support for O&A. We all need to remember, we're not just PESTS, we're WACKBAG PESTS. And when your a Wackbag Pest, your a Wackbag Pest For Life. When Wackbag Pests unite, there is nothing we cant accomplish. WP4L WP4L WP4L... WACKBAG PEST FOR LIFE... Yeahhh!!!
John
John Walton is that you.
You delusional ass
metakomm
12-04-2007, 02:13 PM
The lawsuit is justified . . . against the guy with the airhorn. But this guy is going after O&A and XM because they'll pay more money to make the matter go away. That's why people here are calling the reporter a scumbag.
Well...To me, O&A are in on it...XM is in on it...It was a radio bit...Of course they are responsible.
But it is no big deal...Someone got hurt, O&A and XM pay....Cost of business of bits that may get out of control.
your dads a pedo
12-04-2007, 02:22 PM
Not so fast there lil' slugger...
How clever thats an adorable nickname. Perhaps I needed a cool screenname like yours.
You debate like a child. Not one of my points can you refute.
kloraferm
12-04-2007, 02:23 PM
becoming? Honey I've been working in a civil court for almost 10 years .... becoming has long since come & gone. It's the new way of making money without having to work for it.
I doubt race has anything to do with it, but.....
Here are the litigants:
Defendants:
Gregg Hughes = White
Anthony Cumia = White
John D. Walton = White
Plaintiffs:
http://img146.imageshack.us/img146/8287/patbattleax2.jpghttp://img146.imageshack.us/img146/6938/anthonyjohnsonub5.jpg
Well I worked in Civil and Supreme Court for about 7 years, but I'm mainly happy to see that it's not a dude referring to me as "honey". :rolleyes:
Three Hole Puncher
12-04-2007, 02:32 PM
It's time for extra support for O&A. We all need to remember, we're not just PESTS, we're WACKBAG PESTS. And when your a Wackbag Pest, your a Wackbag Pest For Life. When Wackbag Pests unite, there is nothing we cant accomplish. WP4L WP4L WP4L... WACKBAG PEST FOR LIFE... Yeahhh!!! When you're a Pest, you're a Pest all the way. From your first cigarette, to your last dyin' day.
unklewilly
12-04-2007, 02:36 PM
I really hope ol Rev. Al doesnt get involved.....
Then the boys are really fucked. Did this douchebag lose his job or something? Is that why he has to sue now?
Maybe the pests should go to the courthouse and whisper in his ear. When he turns around, then everyone knows he is a liar.....
CougarHunter
12-04-2007, 02:39 PM
I really hope ol Rev. Al doesnt get involved.....
Then the boys are really fucked. Did this douchebag lose his job or something? Is that why he has to sue now?
Maybe the pests should go to the courthouse and whisper in his ear. When he turns around, then everyone knows he is a liar.....
Or toss a briefcase over the rail and see if he turns his head. <cue the Brady Bunch Xylophone>
Sinn Fein
12-04-2007, 02:39 PM
How clever thats an adorable nickname. Perhaps I needed a cool screenname like yours.
You debate like a child. Not one of my points can you refute.
My suggestion is that the pissing contest stops now.
ImSalty
12-04-2007, 02:43 PM
Well...To me, O&A are in on it...XM is in on it...It was a radio bit...Of course they are responsible.
But it is no big deal...Someone got hurt, O&A and XM pay....Cost of business of bits that may get out of control.
It's funny I'm reading this while waiting to go over a Torts I practice final here at law school . . . . Here is the offical Case Summary of all Claims and Defenses straight out of my Outline:
They might suing Opie and Anthony under "concert of action," which according to the Restatement of Torts states is "a person acts in concert with a common goal, knows the other's conduct is a breech of a duty and gives assistance or encouragement for the other person to breech the duty." It also matters the nature of the act, the amount of assistance, the relationship between the parties, where the helper was at the time, etc.
It seems like this cause of action would probably fail since O and A specifically told them not to harass or hurt the reports, so they were not acting towards the common goal (blowing the air horn) and they did not know or want and specifically told listeners not to breech a duty.
Also, Radio Shock Jocks talking to Millions of people every day I do not think counts as a proper "relationship between the parties," although I would think that talking about it on the radio IS encouragement for this general type of behavior but it is not direct instructions or help to do this exact tortous conduct.
COUNT TWO: They are probably bringing Negligence against O and A for there own acts - creating the general risk of injury to a reporter by encouraging people to bother the reporters. For this the plaintiff will have to proof that there "assault on the media" campaign was a "but for" cause (which it is, but for the assault on the media campaign this dummy woudln't have done it) as well as a proximate cause.
For a proximate cause the harm must have been a foreseeable result of the plaintiff's behavior. The "airhorn" itself does not have to be foreseeable, just any injury to a reporter. This cause of action has a much better chance of succeeding.
That is why they are suing O and A . . . it is by no means an open and shut case for either the plaintiff or the defendants. XM is being sued under "respondeat superior," that is vicarious liability for the tortous conduct of their employees while acting under their employment.
UsedLadBag
12-04-2007, 02:47 PM
god I can't believe my deaf joke got nuthin DOUCHECHILLS!
Hoagie
12-04-2007, 02:48 PM
It's funny I'm reading this while waiting to go over a Torts I practice final here at law school . . . . Here is the offical Case Summary of all Claims and Defenses straight out of my Outline:
They might suing Opie and Anthony under "concert of action," which according to the Restatement of Torts states is "a person acts in concert with a common goal, knows the other's conduct is a breech of a duty and gives assistance or encouragement for the other person to breech the duty." It also matters the nature of the act, the amount of assistance, the relationship between the parties, where the helper was at the time, etc.
It seems like this cause of action would probably fail since O and A specifically told them not to harass or hurt the reports, so they were not acting towards the common goal (blowing the air horn) and they did not know or want and specifically told listeners not to breech a duty.
Also, Radio Shock Jocks talking to Millions of people every day I do not think counts as a proper "relationship between the parties," although I would think that talking about it on the radio IS encouragement for this general type of behavior but it is not direct instructions or help to do this exact tortous conduct.
COUNT TWO: They are probably bringing Negligence against O and A for there own acts - creating the general risk of injury to a reporter by encouraging people to bother the reporters. For this the plaintiff will have to proof that there "assault on the media" campaign was a "but for" cause (which it is, but for the assault on the media campaign this dummy woudln't have done it) as well as a proximate cause.
For a proximate cause the harm must have been a foreseeable result of the plaintiff's behavior. The "airhorn" itself does not have to be foreseeable, just any injury to a reporter. This cause of action has a much better chance of succeeding.
That is why they are suing O and A . . . it is by no means an open and shut case for either the plaintiff or the defendants. XM is being sued under "respondeat superior," that is vicarious liability for the tortous conduct of their employees while acting under their employment.I was just thinking the exact same thing. "whaa"
MACHINE1376
12-04-2007, 02:50 PM
Jeez, this country is rapidly becoming a bunch of whining, litigious crybabies.
where ya been for past 10 years in a cave?
patbattlefield
12-04-2007, 02:50 PM
I miss the days when you could just burn a cross in their front yard and it would scare them into submission.
MACHINE1376
12-04-2007, 02:52 PM
god I can't believe my deaf joke got nuthin DOUCHECHILLS!
it wasn't written in brail......:icon_mrgr
your dads a pedo
12-04-2007, 02:55 PM
My suggestion is that the pissing contest stops now.
Youre right Ill drink more of the koolaid and get back into line.
One thousand apologies my good man.
CougarHunter
12-04-2007, 02:56 PM
I miss the days when you could just burn a cross in their front yard and it would scare them into submission.
How do ya know that don't work anymore?
ChrisH
12-04-2007, 02:59 PM
It's funny I'm reading this while waiting to go over a Torts I practice final here at law school . . . . Here is the offical Case Summary of all Claims and Defenses straight out of my Outline:
They might suing Opie and Anthony under "concert of action," which according to the Restatement of Torts states is "a person acts in concert with a common goal, knows the other's conduct is a breech of a duty and gives assistance or encouragement for the other person to breech the duty." It also matters the nature of the act, the amount of assistance, the relationship between the parties, where the helper was at the time, etc.
It seems like this cause of action would probably fail since O and A specifically told them not to harass or hurt the reports, so they were not acting towards the common goal (blowing the air horn) and they did not know or want and specifically told listeners not to breech a duty.
Also, Radio Shock Jocks talking to Millions of people every day I do not think counts as a proper "relationship between the parties," although I would think that talking about it on the radio IS encouragement for this general type of behavior but it is not direct instructions or help to do this exact tortous conduct.
COUNT TWO: They are probably bringing Negligence against O and A for there own acts - creating the general risk of injury to a reporter by encouraging people to bother the reporters. For this the plaintiff will have to proof that there "assault on the media" campaign was a "but for" cause (which it is, but for the assault on the media campaign this dummy woudln't have done it) as well as a proximate cause.
For a proximate cause the harm must have been a foreseeable result of the plaintiff's behavior. The "airhorn" itself does not have to be foreseeable, just any injury to a reporter. This cause of action has a much better chance of succeeding.
That is why they are suing O and A . . . it is by no means an open and shut case for either the plaintiff or the defendants. XM is being sued under "respondeat superior," that is vicarious liability for the tortous conduct of their employees while acting under their employment.
I am a lawyer, but not licensed in Jersey, so this is not a legal opinion, just general thoughts:
Given that the boys did encourage AOTMs (hell, they offered bounties), the key legal test is whether something like this was reasonably forseeable. What does that mean? It's an argument.
Bottom line is that in the real world, the facts are such that it is not cut and dry, which means the complaint will probably not be tossed, which means expensive discovery, which means it will probably be settled sometime after the motion to dismiss stage.
patbattlefield
12-04-2007, 03:00 PM
How do ya know that don't work anymore?
good point
good point
Beeman99
12-04-2007, 03:00 PM
gotta love society
My preference would have been to use a shotgun, not an airhorn.
oandapartycock
12-04-2007, 03:03 PM
I'm no lawyer but I would imagine there would have to be some pre-existing condition. If this guy did radio on his way up, he'd could have hearing loss like Opie complains about. Rush Limbaugh has even commented on how bad his hearing is.
Also, I'm sure he had an earpiece in at least one of his ears to hear his cue which would lessen the severity of the air horn blast.
As a reporter he's probably been exposed to lots of high decibel situations. Police sirens, rock concerts, jets taking off at airports, etc.
An air horn is usually between 100 to 120 decibels. I found this chart and it looks like he would have had to be exposed to it for longer than the few seconds to have permanent damage.
http://i184.photobucket.com/albums/x265/scottcal92555/hearingchart.jpg
NightStalker3
12-04-2007, 03:04 PM
When you're a Pest, you're a Pest all the way. From your first cigarette, to your last dyin' day.
Remember when the Pests took Philips Hill (http://radio.about.com/od/opieanthony/a/aa081805a.htm)?
patbattlefield
12-04-2007, 03:05 PM
Remember when the Pests took Phillips Hill?
who?
kloraferm
12-04-2007, 03:07 PM
where ya been for past 10 years in a cave?
Sometimes :rolleyes:
Sinn Fein
12-04-2007, 03:14 PM
Youre right Ill drink more of the koolaid and get back into line.
One thousand apologies my good man.
Listen... Discuss the issue until you are blue in the face. Keep the personal attacks to yourself. As intelligent as you are trying to claim to be, I'd think that wouldn't be hard for you to figure out. I guess I was wrong.
CougarHunter
12-04-2007, 03:18 PM
Rush went deaf from autoimmune disease. Not from an "occupational hazard."
NoSurviivors
12-04-2007, 03:20 PM
Rush went deaf from autoimmune disease. Not from an "occupational hazard."
Yeah...
Oxycontin.
blueribbie
12-04-2007, 03:24 PM
Yeah...
Oxycontin.
No, autoimmune disease.
And he never bitched about the hearing loss or the people gloating about it.
NoSurviivors
12-04-2007, 03:28 PM
Didn't they tell fans to STOP the AOTMs shortly before this happened?
Stormrider666
12-04-2007, 03:28 PM
As a non-racist (I do have several black friends) I believe the lad was pointing out and reinforcing the perception that African Americans would rather get some form of welfare, whether it’s through the government dole or lawsuits, than earn their living through hard, honest work.
Besides, if you believe dem colored folk got dem jobs ‘cuz of dey talent, you livin’ in a fantasy world!
Like there is not plenty of white people out there that have jobs they are not qualified for.
Stormrider666
12-04-2007, 03:30 PM
Didn't they tell fans to STOP the AOTMs shortly before this happened?
The contest was on the verge of being stopped, the boys were just trying to figure out the best way to do it, when the AOTM in question went down.
oandapartycock
12-04-2007, 03:33 PM
where ya been for past 10 years in a cave?
Sometimes :rolleyes:
Ass? :action-sm
WOWmagnet
12-04-2007, 03:37 PM
No, autoimmune disease.
And he never bitched about the hearing loss or the people gloating about it.
No, OXYCONTIN.
ChrisC_EIT
12-04-2007, 04:40 PM
As a non-racist (I do have several black friends)
Gosh, what an awful line and just awful reasoning. It's not the douche chills, but it sure feels like it everytime I read this kind of thing.
UsedLadBag
12-04-2007, 04:47 PM
Didn't they tell fans to STOP the AOTMs shortly after this happened?
Fixed.
:action-sm
NoSurviivors
12-04-2007, 05:02 PM
Fixed.
:action-sm
Not exactly. if I remember right, they were kind of letting it die a slow death.
mascan42
12-04-2007, 05:02 PM
The contest was on the verge of being stopped, the boys were just trying to figure out the best way to do it, when the AOTM in question went down.
QFT, after listening to the show in question. (12/7/05)
HumpX
12-04-2007, 05:34 PM
Sad part is XM or whoever will just settle out of court and this douche bag will get what he's looking for:
Attention and money.
exactly. This is how the legal system works because we allow these bottom feeding scum called trial/personal injury attorneys to run the court system. Just add in spineless suits who won't stand up to anything because, god forbid, the almighty shareholders might not like it.
I'd love to take a trial attorney, nail his sleeve to the floor, douse him with gas and light him on fire. Then he can see what true "pain & suffering" is all about. :madfire
cunts
UsedLadBag
12-04-2007, 05:42 PM
exactly. This is how the legal system works because we allow these bottom feeding scum called trial/personal injury attorneys to run the court system. Just add in spineless suits who won't stand up to anything because, god forbid, the almighty shareholders might not like it.
I'd love to take a trial attorney, nail his sleeve to the floor, douse him with gas and light him on fire. Then he can see what true "pain & suffering" is all about. :madfire
cunts
tell us how you really feel.
:action-sm
NoSurviivors
12-04-2007, 05:50 PM
I'd like to see him prove that he has a lasting disability from the incident.
Plunkies
12-04-2007, 05:55 PM
A half second air horn blast caused permanent injury? Sure it did you fucking scumbag. He'll probably roll in with a wheelchair.
mikepop
12-04-2007, 05:56 PM
"Jim Norton declined to answer questions."
Disclaimer....not a real qoute I just made it up.
...The animation isnt real either.
http://capgraphics.net/Wackbag/Animations/MikePop/battlejim.gif
Deadhead
12-04-2007, 06:20 PM
Disclaimer....not a real qoute I just made it up.
...The animation isnt real either.
http://capgraphics.net/Wackbag/Animations/MikePop/battlejim.gif
:clap::clap::clap:
Very funny, Sir. Very Funny.
striker
12-04-2007, 07:02 PM
Pat Battle,
So does this mean we can't engage in Pat Battle mode anymore?
Just wondering?
Jambi
12-04-2007, 07:08 PM
the level of intelligence on this board, or should I say lack there of is astounding.
What the fuck are you doing here? I never heard of you until today, now I've seen 8 negative posts from you in one day. With all due respect, sir, you are a curmudgeon. Please fuck off already.
KNUCKLEUP
12-04-2007, 07:14 PM
I would pay $500 to see the video of that attack.
it's floating around somewhere; i've seen it.
lil jimmys bag
12-04-2007, 07:25 PM
Pat Battle's husband ?
As in THE Pat Battle ?
What's the world coming to ????
PAT BATTLE MOTHERFUCKER DO YOU KNOW HER?
what?
I cant fucking believe this shit. it would be as if anthony shot a home invader and it was Hoo Hoo, too much of a fucking coincidence.
Fruit Monkey
12-04-2007, 07:31 PM
Hey Mr real name Anthony Cumia. I can convert my basement into an apartment if needed. Just saying. WoW the nieghbors freaked when a WOP moved in Imagen him moving in?
Jambi
12-04-2007, 07:34 PM
PAT BATTLE MOTHERFUCKER DO YOU KNOW HER?
what?
I cant fucking believe this shit. it would be as if anthony shot a home invader and it was Hoo Hoo, too much of a fucking coincidence.It's not coincidence.
Gonzoid
12-04-2007, 07:46 PM
Take yourself away from being a fan of the show for a second and look at it clearly: a reporter doing his job on the street suffered some form of hearing damage (I'm sure there are some doctors reports confirming this) from an airhorn blown by a fan of a radio show that promoted "attacks on the media" to get their name out. I would not classify this as a frivolous lawsuit against OnA and XM when compared to other shit that gets thrown out in courts.
It sucks, I just hope that it does not factor into what will happen post-merger.
vegasbob
12-04-2007, 07:52 PM
Fucking Douche. I see now what WBL was talking about on what kind of war is coming up. I think the word Uppity comes to mind.
Take yourself away from being a fan of the show for a second and look at it clearly: a reporter doing his job on the street suffered some form of hearing damage (I'm sure there are some doctors reports confirming this) from an airhorn blown by a fan of a radio show that promoted "attacks on the media" to get their name out. I would not classify this as a frivolous lawsuit against OnA and XM when compared to other shit that gets thrown out in courts.
It sucks, I just hope that it does not factor into what will happen post-merger.
I would. There's no ear damage. You can get a doctor to say whatever the hell you want them to for 50 bucks. There's a profession with less dignity than hooking. Additionally, there's a high profile tie-in to the whole thing. If there weren't, there wouldn't be a lawsuit. Add to that the fact that Channel 11 pays less than XM pays O&A and you have yourself a lawsuit. Everyone's looking for their big payday.
THE FEZ MAN
12-04-2007, 07:58 PM
fuck this douch bag, he put him self in the public eye, "in the line of fire" fuck him, just think about all the people that reporters have killed thew there actions over the years,
Shane1V
12-04-2007, 08:12 PM
Jeez, this country is rapidly becoming a bunch of whining, litigious crybabies.
Not rapidly, has become. it's so pathetic and embarrassing. and infuriating.
Suicidebree
12-04-2007, 08:19 PM
I'm still saying its tuesdey
NoSurviivors
12-04-2007, 08:24 PM
I'm still saying its tuesdey
that would be pretty cool
LiddyRules
12-04-2007, 08:35 PM
Like there is not plenty of white people out there that have jobs they are not qualified for. Or white people who wouldn't sue for the exact same thing. Maybe I missed something but the only thing to bring up race is this site.
Got One?
12-04-2007, 08:43 PM
I'm still saying its tuesdey
my vote goes for for that for EVERY single thing i hear.
LiLJimmysHog
12-04-2007, 09:15 PM
I am actually surprised it took this long. I though it had already happened and was just kept hush hush.
I guess they will have to.....Pat Battle...This in court. :D
Ok...Car crash me.
n8crwlr
12-04-2007, 09:29 PM
I'm still saying its tuesdey
I am still saying I do not like Mondays.
I am sure his stereo in his car has done more damage than the air horn.
Sinn Fein
12-04-2007, 09:32 PM
I bet that like every married man, he's suffered more hearing damage from his wife's nagging. :action-sm
gleet
12-04-2007, 09:39 PM
The suit, filed on behalf of Johnson and his wife, WNBC news reporter Pat Battle, targets Opie, whose real name is Greg Hughes;
Brrrrrraaaapppp Wrong answer. Toss it out of court.
NorfCal
12-04-2007, 10:40 PM
I bet that like every married man, he's suffered more hearing damage from his wife's nagging. :action-sm
He knows the true meaning of patbattle :icon_lol:
23 Skidoo
12-04-2007, 10:40 PM
I'm fighting the good fight on the NYRMB. Biased as I am, I still think O&A aren't going to be held responsible for the actions of that one fan. O&A made painfully clear on the air and on the website that they didn't want anyone touching or hurting reporters. If you look at the legal definition of assault in most jurisdictions, it includes recklessly injuring someone. That may have happened here, assuming that, um, Mr. Battle, can prove it. But O&A wanted people to jump up and down behind reporters and yell Opie & Anthony, or a show catchphrase, etc. Something that people have been doing for dozens of years in front of television news cameras. I think recklessly injuring someone is way outside the scope of the contest, and I even think an argument could be made that it wasn't reasonably foreseeable.
And when it comes to suing an employer with big pockets for something an employee did, the big question is did that employee act within the scope? For instance, if a UPS driver punches you in the face, you can't necessarily sue UPS (for instance, if he was running personal errands, getting his groceries or something like that).
I could be wrong, but I think O&A and XM have a decent case. That said, I agree with everyone that they will settle out of court, which is a shame. Now if the reporter was truly injured by the airhorn (which is a big "if" to me), I say more power to him. Go ahead, sue the guy if you want. The firefighter did something stupid, and people have to pay consequences for doing stupid things. But they shouldn't be going after O&A and XM, and they're doing it for one reason and one reason only. It's this kind of thing that discredits my profession.
WooHoo_guy
12-04-2007, 10:50 PM
http://img43.imagevenue.com/loc1085/th_26310_nignogs_122_1085lo.jpg (http://img43.imagevenue.com/img.php?image=26310_nignogs_122_1085lo.jpg)
All expenses paid, of course.
:icon_neut
Linger Longer
GLENN_THE_TOOL
12-04-2007, 10:52 PM
I'm fighting the good fight on the NYRMB. Biased as I am, I still think O&A aren't going to be held responsible for the actions of that one fan. O&A made painfully clear on the air and on the website that they didn't want anyone touching or hurting reporters. If you look at the legal definition of assault in most jurisdictions, it includes recklessly injuring someone. That may have happened here, assuming that, um, Mr. Battle, can prove it. But O&A wanted people to jump up and down behind reporters and yell Opie & Anthony, or a show catchphrase, etc. Something that people have been doing for dozens of years in front of television news cameras. I think recklessly injuring someone is way outside the scope of the contest, and I even think an argument could be made that it wasn't reasonably foreseeable.
And when it comes to suing an employer with big pockets for something an employee did, the big question is did that employee act within the scope? For instance, if a UPS driver punches you in the face, you can't necessarily sue UPS (for instance, if he was running personal errands, getting his groceries or something like that).
I could be wrong, but I think O&A and XM have a decent case. That said, I agree with everyone that they will settle out of court, which is a shame. Now if the reporter was truly injured by the airhorn (which is a big "if" to me), I say more power to him. Go ahead, sue the guy if you want. The firefighter did something stupid, and people have to pay consequences for doing stupid things. But they shouldn't be going after O&A and XM, and they're doing it for one reason and one reason only. It's this kind of thing that discredits my profession.
a lot of people seem to forget that in many occasions, it was the Pests getting assaulted by cameramen and reporters. i think NoFilterPaul, Sonny Forelli, and a few others can attest to being grabbed, pushed, and tackled by the news crews. and for what? holding up signs and shouting in the background of their shots? does that really warrant the kind of forceful and violent response from the news crews that the Pests received so many times?
this airhorn thing is the only thing that has happened by a Pest toward a news reporter that is anything near "assault." the number of times the Pests have been shoved and tackled comes a lot closer to the physical definition of assault.
SaltyDelights
12-04-2007, 11:25 PM
What's the world coming to when you can't perform an unprovoked attack that permanently injures an innocent television reporter who was merely trying to do his job?
DC Chick
12-04-2007, 11:26 PM
I'm still saying its tuesdey
That was my initial reaction. Is Tuesday file-a-new-lawsuit day, like DVD releases?
Why wait for years?
patbattlefield
12-04-2007, 11:27 PM
TO ANYONE THINKING OF DOING ANYTHING RASH RIGHT NOW. DON'T.
Thanks...just sayin'.
THE FEZ MAN
12-04-2007, 11:42 PM
What's the world coming to when you can't perform an unprovoked attack that permanently injures an innocent television reporter who was merely trying to do his job?
permanently injured? yea ok...... one more ****** suing whitey so they dont have to work any more.. fuck these kinds of people walk it off deek i deal with deafening noise every day at work, you know what, its part of living
MatrixOutsider
12-05-2007, 12:12 AM
Didn't they tell fans to STOP the AOTMs shortly before this happened?
Actually, I remember air horns being used before this incident in other attacks, and OA exclaiming that "we love the air horn!"
LiddyRules
12-05-2007, 12:18 AM
TO ANYONE THINKING OF DOING ANYTHING RASH RIGHT NOW. DON'T.
Thanks...just sayin'. But my tub's ready and my razor...oh, ok, for you.
permanently injured? yea ok...... one more ****** suing whitey so they dont have to work any more.. fuck these kinds of people walk it off deek i deal with deafening noise every day at work, you know what, its part of living I might have missed something. And it's very possible. But why is race a part of this? Did any article bring it up. It's very likely I missed it, but I just want to be on the same page.
23 Skidoo
12-05-2007, 12:34 AM
That was my initial reaction. Is Tuesday file-a-new-lawsuit day, like DVD releases?
Why wait for years?
[Obnoxious Tim the Intern Voice] IT'S SUE O&A TUESDAYYYY [/Obnoxious Tim the Intern Voice]
Monstercloud
12-05-2007, 12:42 AM
But why is race a part of this? Did any article bring it up.
Does an article EVER bring up race if that's not the basis of a lawsuit/news report/suspect description/insert black crimes here?
THE FEZ MAN
12-05-2007, 12:45 AM
But my tub's ready and my razor...oh, ok, for you.
I might have missed something. And it's very possible. But why is race a part of this? Did any article bring it up. It's very likely I missed it, but I just want to be on the same page.
hmmmm, well this is wackbag. doesnt it always spiral into a pit of hatred
LiddyRules
12-05-2007, 01:33 AM
hmmmm, well this is wackbag. doesnt it always spiral into a pit of hatred True that.
BullsLawDan
12-05-2007, 02:12 AM
exactly. This is how the legal system works because we allow these bottom feeding scum called trial/personal injury attorneys to run the court system. Just add in spineless suits who won't stand up to anything because, god forbid, the almighty shareholders might not like it.
I'd love to take a trial attorney, nail his sleeve to the floor, douse him with gas and light him on fire. Then he can see what true "pain & suffering" is all about. :madfire
cunts
I hope you're never injured by someone else... :rolleyes:
Really, your vitriol is undeserved, especially since you have no clue how the legal system works.
TonyRockyhorror
12-05-2007, 08:04 AM
Gosh, what an awful line and just awful reasoning. It's not the douche chills, but it sure feels like it everytime I read this kind of thing.
Your an idiot, and your parents were probably idiots, too. (Based on a classic movie line, but I don't expect you to figure that out)
It's morons like you that call in pissed off to O & A about some bit they are doing 'cuz you just don't understand sarcasm and humor.
I guess we now need to preface all of our posts with disclaimers so crap-for-brains people like this ahole can keep up.
cigarsandscotch
12-05-2007, 08:24 AM
Walton, 32, did not return a message left with his mother.
:haha7::haha7::haha7:
your dads a pedo
12-05-2007, 08:29 AM
What the fuck are you doing here? I never heard of you until today, now I've seen 8 negative posts from you in one day. With all due respect, sir, you are a curmudgeon. Please fuck off already.
Anything outside the ass lapping of O&A ass is considered negative, I choose to look at the show as guess what...A RADIO SHOW. If someone who is a lunatic chooses to blast an airhorn in a reporters ear then they have to face consequences for that action. It doesnt matter his skin color. Sorry if Im too level headed and dont consider myself a "pest"
Some ATOM were funny, the lion costume. The one that got Arthur Chien fired again funny. This one wasnt funny or clever it was a loser who lives in his moms basement who was begging for some kind of notariety and fame. He got it but not in the way he expected.
alexul
12-05-2007, 09:18 AM
I don't think it is fair to criticize XM for potentially settling. For them it is a business decision: the amount they pay in a settlement + minimap legal fees versus giant legal bills + risk of having to pay damages. If the reporter only asks for a few hundred thousad dollars they may say fuck it, we'll save on legal fees. Obviusly if he is asking for 10 million, it is a different issue.
Personal injury lawyers use this startegy all the time: they make you choose between the cost of defending yourself (possibly successfully) vs the cost of paying them off. If the motion to dismiss fails and you go to trial, many times it is cheaper and always much-much faster to settle. Your headaches are gone, you don't waste months or even years of talking to lawyers, going to court and you save a lot of money.
One possible remedy: use the British system when you have to pay for defendant's legal fees if you don't win.
Death Metal Moe
12-05-2007, 10:13 AM
Anything outside the ass lapping of O&A ass is considered negative, I choose to look at the show as guess what...A RADIO SHOW. If someone who is a lunatic chooses to blast an airhorn in a reporters ear then they have to face consequences for that action. It doesnt matter his skin color. Sorry if Im too level headed and dont consider myself a "pest"
Some ATOM were funny, the lion costume. The one that got Arthur Chien fired again funny. This one wasnt funny or clever it was a loser who lives in his moms basement who was begging for some kind of notariety and fame. He got it but not in the way he expected.
Weren't you asked by a Mod to quit it with your bullshit? I left you alone to let you think you'd won, but you just kept it up with everyone else it seems.
And why do all your posts come of as "The only guy who objectivly listens to the show?" Yes, you're so much smarter than us. Yes, you don't appreciate the little jokes we put here. We get it, we're mindless followers and you're smarter than us. We should be honored you even sign in here.
If we're so stupid, why waste your time posting here? Go find people of superior mental capacity such as yourself and post with them.
It's funny I'm reading this while waiting to go over a Torts I practice final here at law school . . . . Here is the offical Case Summary of all Claims and Defenses straight out of my Outline:
They might suing Opie and Anthony under "concert of action," which according to the Restatement of Torts states is "a person acts in concert with a common goal, knows the other's conduct is a breech of a duty and gives assistance or encouragement for the other person to breech the duty." It also matters the nature of the act, the amount of assistance, the relationship between the parties, where the helper was at the time, etc.
It seems like this cause of action would probably fail since O and A specifically told them not to harass or hurt the reports, so they were not acting towards the common goal (blowing the air horn) and they did not know or want and specifically told listeners not to breech a duty.
Also, Radio Shock Jocks talking to Millions of people every day I do not think counts as a proper "relationship between the parties," although I would think that talking about it on the radio IS encouragement for this general type of behavior but it is not direct instructions or help to do this exact tortous conduct.
COUNT TWO: They are probably bringing Negligence against O and A for there own acts - creating the general risk of injury to a reporter by encouraging people to bother the reporters. For this the plaintiff will have to proof that there "assault on the media" campaign was a "but for" cause (which it is, but for the assault on the media campaign this dummy woudln't have done it) as well as a proximate cause.
For a proximate cause the harm must have been a foreseeable result of the plaintiff's behavior. The "airhorn" itself does not have to be foreseeable, just any injury to a reporter. This cause of action has a much better chance of succeeding.
That is why they are suing O and A . . . it is by no means an open and shut case for either the plaintiff or the defendants. XM is being sued under "respondeat superior," that is vicarious liability for the tortous conduct of their employees while acting under their employment.
You really need to learn about when to use "there" and when to use "their".
angrymissy
12-05-2007, 12:59 PM
Your an idiot, and your parents were probably idiots, too. (Based on a classic movie line, but I don't expect you to figure that out)
It's morons like you that call in pissed off to O & A about some bit they are doing 'cuz you just don't understand sarcasm and humor.
I guess we now need to preface all of our posts with disclaimers so crap-for-brains people like this ahole can keep up.
Hey, if you're going to insult someone, you might want to learn the proper usage of your vs. you're (especially if you're going to call them an idiot).
your - a possessive, similar to mine, his, her as in "your loose slut of a sister loses her mind every time she gets railroaded by your whole inbred, shitbag excuse of a family", NO FUCKING APOSTROPHE
you're - a contraction of "you are", as in "you're a dipshit", A FUCKING APOSTROPHE
your dads a pedo
12-05-2007, 01:38 PM
Weren't you asked by a Mod to quit it with your bullshit? I left you alone to let you think you'd won, but you just kept it up with everyone else it seems.
And why do all your posts come of as "The only guy who objectivly listens to the show?" Yes, you're so much smarter than us. Yes, you don't appreciate the little jokes we put here. We get it, we're mindless followers and you're smarter than us. We should be honored you even sign in here.
If we're so stupid, why waste your time posting here? Go find people of superior mental capacity such as yourself and post with them.
You left me alone? You criticized my screenname and that was it. I responded to another person who criticized me not you.
If there was a board that did objectively listen to the show I would post there. This is the equivalent of SFN, Im sorry if I hurt your feelings; you sound like you need a hug.
The reason that I was shocked is because it took 5 posts before it became a racist bashfest. When the reporter was doing his job and was the victim of a radio stunt. SOme people cant see anything past the fact that hes black and must want free cash. Even more stunning is this people seem to be in their late 30-40s and have children.
With that said since everyone dislikes what I have to say and cant seem to debate any topics other than to criticize my screenname and not the content of my posts I will no longer post here.
You can all continue to parrot Norton lines and I will flush/fuck.You won this Pat Battle OMGLOLERS
Death Metal Moe
12-05-2007, 01:41 PM
This place jokes about EVERYTHING. There sre ALWAYS horrible jokes and gags in between the discussion.
If you can't take it on this particular topic, bow out gracefully.
your dads a pedo
12-05-2007, 02:09 PM
This place jokes about EVERYTHING. There sre ALWAYS horrible jokes and gags in between the discussion.
If you can't take it on this particular topic, bow out gracefully.
Thats fine and alot of the posts here make me laugh but posting something like post #20 of this thread shocks me.
There was no joke, no humor and she immediately states that the plantifs are black and the defendant is white. Im no liberal and certainly am not defending blacks in general, however when a guy is doing his JOB and has someone attack him while doing his job, and probably makes good money as an on air reporter in NY. So why would he sue for no reason?
Maybe he really was injured, I know theres alot of medical experts here posting that its not possible for him to be injured but Jesus dude not every O&A fan needs to be backed up especially when he is wrong.
LiddyRules
12-05-2007, 02:13 PM
Maybe he really was injured, I know theres alot of medical experts here posting that its not possible for him to be injured but Jesus dude not every O&A fan needs to be backed up especially when he is wrong. But here's what you don't get, the reporter was a ******.
Now let me remove that stick up your ass and replace it with my cock.
your dads a pedo
12-05-2007, 02:14 PM
But here's what you don't get, the reporter was a ******.
Now let me remove that stick up your ass and replace it with my cock.
As long as you dont tell my dad he will get jealous.
Sinn Fein
12-05-2007, 02:17 PM
The media in general sucks a bag of dicks, and like many others, I view the AOTM as a bit of payback... for all of the people the media have harassed. Fuck the media. I don't care if they're black, white, yellow, or purple with pink polka dots. They are a collective bunch of assholes, period.
Here's one of my old posts from over 3 years ago about a situation involving the media and my family:
FU to the Philly media (http://wackbag.com/showpost.php?p=96196&postcount=1)
Wednesday evening, a very close family friend was killed in a car accident. He is my father's best friend, my sister's Godfather, and perhaps the nicest man I have ever known. I went through grade school with his daughter.
His car was hit by a speeding police car that was answering a call for a domestic disturbance. The news had footage of the crash site and was announcing that he was dead before his family had even been located and notified by police. Anyone in the Philly area may have seen the news reports. It's been on all four local newcasts (NBC, CBS, ABC. and FOX) for the past two nights, and was the front page story on the local paper here, and also was in the Philadelphia Inquirer.
Later that evening, the news stations were in the neighborhood knocking on people's doors all night trying to get comments. They knocked on one lady's door and asked her to "comment on her neighbor who had just been killed by the police." She has to ask them what they were talking about. They told her who it was and pointed at his house. She slammed the door in their face and told them no comment. After this, she called my father in tears to find out what happened. They were still knocking on her door while she was on the phone with him.
This shit really has me pissed off. It's bad enough what happened, but this makes it worse for everyone.
BigWilly
12-05-2007, 03:11 PM
If it hasn't been brought up already, why don't they sue the airhorn company as well? I can't believe someone, in this day and age would make an airhorn so dangerous that is would make someone miss work for two weeks because of injuries, and suffer permanent ear damage and loss of balance. This is just a disgrace. What is this world coming to?
My common sense tells me, yes they have a right to sue the person that inflicted the damage, but other than that it's nobody's fault but the assailant (if, in fact, the victim is really hurt). Of course I'm not a legal specialist, but I did stay in a Holiday Inn Express last night.
ImSalty
12-05-2007, 03:14 PM
You really need to learn about when to use "there" and when to use "their".
i didn't know Ned Nitpicker was a member of wackbag! :action-sm
Mr.Monster Rain
12-05-2007, 03:16 PM
Does this mean we go into "Pat Battle" mode?
Stormrider666
12-05-2007, 03:17 PM
Disclaimer: I'm playing devil's advocate. Considering the fact that I still haven't seen anything on TV about this story. Considering the fac that the media, who would jump on this story in a heartbeat. Was this part of make up stuff Tuesday. Edit: If not, I stand by my earlier post.
i didn't know Ned Nitpicker was a member of wackbag! :action-sm
You're probably going to be a lawyer someday. That means you'll be doing a lot of paperwork. Who will take you seriously if you can't spell properly?
Death Metal Moe
12-05-2007, 03:57 PM
Thats fine and alot of the posts here make me laugh but posting something like post #20 of this thread shocks me.
There was no joke, no humor and she immediately states that the plantifs are black and the defendant is white. Im no liberal and certainly am not defending blacks in general, however when a guy is doing his JOB and has someone attack him while doing his job, and probably makes good money as an on air reporter in NY. So why would he sue for no reason?
Maybe he really was injured, I know theres alot of medical experts here posting that its not possible for him to be injured but Jesus dude not every O&A fan needs to be backed up especially when he is wrong.
Listen, I understand your point. But did you consider that maybe the person in question just posted that to parody the fact that so many blacks see racism right off the bat in a case where a white and black are involved? It happens both ways, way more than it should.
Sinn Fein
12-05-2007, 04:00 PM
Does this mean we go into "Pat Battle" mode?
Such a thing no longer exists.
Spadanko
12-05-2007, 04:04 PM
Opie & Anthony sued by TV reporter
Wednesday, December 5, 2007 at 1:53 PM
Tags: Lawsuits, Opie and Anthony, XM
Opie and Anthony are being sued by a WABC-TV news reporter for an "Assault on the Media" stunt performed over two years ago.
The reporter, Anthony Johnson, filed the suit on behalf of him and his wife, WNBC-TV reporter Pat Battle (yes, the Pat Battle) against O&A, John D. Walton (the person who actually performed the prank) and XM Satellite Radio; in seek of compensatory and punitive damages.
Johnson was doing a live, early morning broadcast when Walton reportedly blew an air horn near the reporter. According to the complaint, Walton pulled up behind Johnson while he was at a Hess gas station, waved an Opie & Anthony bumper sticker, blew a hand-held air horn and screamed "Opie & Anthony XM Radio!"
Johnson says he missed two weeks of work and suffered permanent ear damage.
If in fact he suffered permanent ear damage, I can understand suing the person who did the prank, but Opie and Anthony were very clear to instruct listeners not to harm anyone. I'm no lawyer, but I don't see why the duo and XM are involved. Well, except for the seemingly larger potential payout.
http://www.orbitcast.com/archives/opie-anthony-sued-by-tv-reporter.html#comments
angrymissy
12-05-2007, 04:06 PM
If it hasn't been brought up already, why don't they sue the airhorn company as well? I can't believe someone, in this day and age would make an airhorn so dangerous that is would make someone miss work for two weeks because of injuries, and suffer permanent ear damage and loss of balance. This is just a disgrace. What is this world coming to?
My common sense tells me, yes they have a right to sue the person that inflicted the damage, but other than that it's nobody's fault but the assailant (if, in fact, the victim is really hurt). Of course I'm not a legal specialist, but I did stay in a Holiday Inn Express last night.
Airhorns are not made to be blown directly into ears.
Stormrider666
12-05-2007, 04:06 PM
Search engine can be your friend.
WOWmagnet
12-05-2007, 04:07 PM
The SEARCH feature is your friend and ours...
http://www.wackbag.com/showthread.php?t=80854
Death Metal Moe
12-05-2007, 04:19 PM
Airhorns are not made to be blown directly into ears.
True enough, but coffee is not meant to be put on someone's crotch but they still sued and got something.
Our country is dumb enough to allow a case like that to go to court.
your dads a pedo
12-05-2007, 04:25 PM
Listen, I understand your point. But did you consider that maybe the person in question just posted that to parody the fact that so many blacks see racism right off the bat in a case where a white and black are involved? It happens both ways, way more than it should.
Can we agree to disagree?
angrymissy
12-05-2007, 04:42 PM
True enough, but coffee is not meant to be put on someone's crotch but they still sued and got something.
Our country is dumb enough to allow a case like that to go to court.
There is a big difference here, that person spilled coffee onto their own crotch, this reporter did not blow an airhorn into his own ear.
CougarHunter
12-05-2007, 06:08 PM
Such a thing no longer exists.
Oh no you di-i-i-unt!
Taintkisser
12-05-2007, 06:25 PM
Jeez, this country is rapidly becoming a bunch of whining, litigious crybabies.
What do you mean by "becoming"????? we already are
http://i2.photobucket.com/albums/y18/thebiv/patearth.jpg
http://i2.photobucket.com/albums/y18/thebiv/patbattle3.jpg
http://i2.photobucket.com/albums/y18/thebiv/patbattle.jpg
WOWmagnet
12-06-2007, 05:24 AM
There is a big difference here, that person spilled coffee onto their own crotch, this reporter did not blow an airhorn into his own ear.
Yeah, spilled coffee ON HER OWN CROTCH and won MILLIONS from McDonalds.
norton23
12-06-2007, 08:19 AM
typical negroid,,,trying to bring the white man down,,,jeez but now blacks are acting like poor white trash= sad truly sad.............for "those people""
Death Metal Moe
12-06-2007, 08:44 AM
There is a big difference here, that person spilled coffee onto their own crotch, this reporter did not blow an airhorn into his own ear.
An Air Horn doesn't belong near ears, don't put it there.
Coffee doesn't belong on your crotch, don't put it there.
I'm sure the right blood sucking lawyers could make anything a case.
BullsLawDan
12-06-2007, 08:56 AM
An Air Horn doesn't belong near ears, don't put it there.
Coffee doesn't belong on your crotch, don't put it there.
I'm sure the right blood sucking lawyers could make anything a case.
True. If I was the lawyer representing that idiot reporter I would also sue the air horn maker because product liability laws favor plaintiffs right now.
The approach most plaintiff's lawyers take is to sue anyone who is even remotely involved and to let the process shake out the people who aren't liable. The way it's set up, it's often malpractice NOT to operate that way.
Death Metal Moe
12-06-2007, 09:28 AM
http://www.connect-dots.com/Poofs/chewbacca.jpg
SwimConnerSwim
12-06-2007, 09:49 AM
Airhorns are not made to be blown directly into ears.
My company produces cans for an air horn company. I haven't seen the video, so I don't know if it is one of ours. But, when I first heard about this the other day, I checked our records to see when we started producing air horn cans. We started in the summer of 06, so if it was our clients airhorn, I won't know anything about it.
If it is this guys, it says right on the can "Do no use near ears". Who knows, the manufacturer still might get sued.
IsThatATrain ?
12-06-2007, 03:07 PM
PAT BATTLE MOTHERFUCKER DO YOU KNOW HER?
:ADC: Know her ?
I fucked her ! ! !
OHHHHhhhhh ! ! ! ! :ADC:
Wait, what ?
TXNoTarbaby1
12-06-2007, 05:53 PM
i'm going to the next al sharpton march and blow air horns in my own ears and sue Alllll
Jambi
12-06-2007, 06:05 PM
i'm going to the next al sharpton march and blow air horns in my own ears and sue AlllllDon't do it.
I'm only saying this in case you decide to sue wackbaggers because they didn't discourage your idea. :action-sm
StarFucker
12-15-2007, 09:03 PM
I can understand suing the person who did the prank, but Opie and Anthony were very clear to instruct listeners not to harm anyone. I'm no lawyer, but I don't see why the duo and XM are involved.
Charles Manson didnt kill anyone either.
Actually, they are encouraging a disruption and condoning it. Now, telling people to do something and they do it, you can pretty much count O&A are fucked here. The guy obviously didnt touch the reporter, but there is harm. Doesnt look good for O&A.
Hey_Asshole
12-16-2007, 02:08 AM
This may have been brought up, I didn't read all the posts.
How can O & A be held responsible. They are two radio personalities that someone listened to and took the prank to far. Its no different from these kids who shoot up schools and then the parents blame it on the movies.
Have film studios or actors ever been sued?
Any by the way, I have had an air horn blown 3 feet from my ear and have no damage. They are used at sporting events all the time with hundreds of people around....
jules
12-16-2007, 09:57 AM
Charles Manson didnt kill anyone either.
Actually, they are encouraging a disruption and condoning it. Now, telling people to do something and they do it, you can pretty much count O&A are fucked here. The guy obviously didnt touch the reporter, but there is harm. Doesnt look good for O&A.
didnt he???
are they??
doesnt it???
you are going against o&a?
who saw this coming?
comparing an airhorn to the ear to charles manson?
shut the fuck up
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