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.
Dude should of taken his parents to the Antiques Roadshow to get his porn collection appraised first before going through all this trouble.
He has DVDs from the 1980s? Those would be collectors items, since they first became available (in Japan) in 1996, and later in the US and Europe.
“2) He then moved out and abandoned the property, most of which they then discarded, except for some that they suspected of being evidence of a crime.”
1. He didn’t abandon. He was having it shipped to him.
2. Most of which was shipped to him.
3. The property was in shipping boxes. Did the search all of his boxes before shipping them?
4. Why did they keep that which they suspected of being evidence of a crime? That would make them criminals if so?
“He has DVDs from the 1980s? Those would be collectors items, since they first became available (in Japan) in 1996, and later in the US and Europe.”
most of which was from the 80s and 90s...-.
“If there was an itemized list and the judge was impervious to that, the parents should appeal.”
I don’t understand how a list would help the parents.
OTOH, the itemized list was used by the judge to determine the settlement.
“To further my point, if any pronographic video that had Traci/Tracy Lords from the 1980’s (Besides ‘Traci, I Love You’ since she was 18 at the time),”
I learn a lot from the experts here!
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.
VanderBroek is not the sharpest knife in the drawer. Unless the parents have been stupid enough to acknowledge an itemized list, they should demand that sonny provide proof, in the form of paid receipts, etc., that he ever owned specific items. Then sonny needs to prove he stored each of those specific items in their home. Once the list is reduced to what he can absolutely prove, then you go after the present value. I’d suggest they just engage a hitman, but these folks would hire Barney Fife.
He was handling illegal material and the judge ignorant if an under 18 Traci Lords was on that itemized list.
“He was handling illegal material and the judge ignorant if an under 18 Traci Lords was on that itemized list.”
Only he wasn’t handling illegal material as verified by the police.
so the parents watched all of the porn to determine the worse of the worst? Interesting.
“VanderBroek is not the sharpest knife in the drawer. “
You know her?
They saw titles and could care less. As a parent I would check the actors. Highly likely that a degenerate like that would have Traci Lords flicks under 18 because they a valuable. Of course legal in Europe/Asia, not in the States.
“In 1986 Traci Lords was a huge national scandal/nightly news because she was doing porn at 15/14 and was the Penthouse centerfold (At 15) in the 1984 Vanessa Williams lesbian “Miss America”issue.”
I don’t think I ever looked at a Penthouse after my Navy days.
In the 80’s I was working 12+ hours a day, doing a 130 mile round trip and word processing my wife’s hand written essays.
I remember the shuttle disaster because it happened while I was at work.
“How the hell would some officer know the legalities?”
ROTFLMAO!
You made me spray my screen!
Feel bad for Nora Kuzma (Birth name) because it was her mom that pushed her into doing porn at a very young age. She kept her “stage name” and did some legitimate movies/TV shows.
Are you saying they do?
ROTFLMAO, back at you.
Whatever
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