Posted on 12/18/2020 3:17:30 PM PST by rickmichaels
A Michigan couple will have to pay a yet-to-be-determined amount after tossing out their son’s extensive porn collection. David Werking, 42, sued his parents — Beth and Paul Werking — for disposing of what a judge called “a trove of pornography and an array of sex toys.”
U.S. District Judge Paul Maloney, in Kalamazoo, granted the son’s request for summary judgment in his favor. The parties have until mid-February to file written submissions on damages.
The parents’ attorney, Anne Marie VanderBroek, said she is working to establish the value of the items that were disposed of but declined to comment about the case. David Werking contends damages are around US $25,000. His attorney, Miles Greengard, contends his client should receive treble damages (three times the actual or compensatory damages) permissible under his claim of conversion of property.
“We have asked the court for treble damages, which we believe are warranted given the wanton destruction of the property,” he said. He was pleased with the judge’s ruling.
The case wasn’t just about a man and his dirty mags. “This was a collection of often irreplaceable items and property,” Greengard said. His client had moved into his parents’ home in Western Michigan in late 2016 following a divorce. After he left for Muncie, Ind., he expected them to deliver his belongings. He later realized that a dozen boxes of pornographic films and magazines were missing. His father said in an email: “Frankly, David, I did you a big favor getting rid of all this stuff.”
The judge earlier rejected the parents’ request to dismiss the case.
“Getting to the heart of the coconut now, the legal issue before the court is whether Paul and Beth converted David’s pornography ‘to their own use,’” Maloney wrote earlier. He found that they did. The parents had kept some materials, described as the “worst of the worst,” in a safety deposit box, fearful it could be illegal.
Ottawa County Sheriff’s Department reviewed the materials and found no evidence of child pornography and no charges resulted.
Parent’s home - parent’s rules.
This family was unaffected by the Thanksgiving shutdown.
I guess one ‘man’s’ treasure is a real man’s trash.
OK, you won your lawsuit. Your stuff will be on the lawn.
I think his parents were to..have the stash in a secret place.
Their son is a real wanker.
Had it been a precondition upon his moving in that those items weren’t allowed, or if the kid was a minor child, I could see the parents having some cause. But you can’t just destroy legal property because you have a moral objection to it. The judgement was fair.
The parents had kept some materials, described as the “worst of the worst,” in a safety deposit box, fearful it could be illegal.They went through all that.
David Wanker.
Happiest person in all of this is the ex-wife.
That US Magistrate should be dumped off the court. Shows how our judicial system is in the toilet.
Valued at 25K for a bunch of films and magazines?
Sheesh, just go online for free.
“... he expected them to deliver his belongings.”
Sorry punk. They were left out by the trash for you to pick up .... should have gotten here before the trash guys got the stuff.
You think people like this only exist in fiction. Seriously, what a total pice of sh*t this son is. I hope his reputation follows him wherever he goes. "Hey! Weren't you the grown man who sued your parents when they threw away your porn collection? Wow dude! You're a real scumbag."
“fearful it could be illegal.”
Then the son should be arrested and jailed, if it is proved illegal.
I sure as hell can if its in my house. The man needs to get his own castle and move the hell out of his parents house. Not sure but I bet he's Antifa.
And by the way who pays for porn anyway it's free.
Maybe, but they should have notified him of the commencement of storage charges, and put a lien on the property, if not paid.
You mean I should have read the whole story? That’s un American! haha.
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