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Son wins lawsuit in Michigan after parents tossed his $25,000 porn collection
Toronto Sun ^ | Dec. 18, 2020 | Postmedia News

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.


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To: rickmichaels

Whatever else can be said, I think this might be a case of winning the battle and losing the war.

I am thinking the guy will likely find himself removed from the will.


21 posted on 12/18/2020 3:42:45 PM PST by beancounter13
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To: rickmichaels

The parents should deduct all costs of their son living in their home after his marriage broke up. This, by the way is what you do when you don’t care about your parents at all, in way. Sad, they didn’t see that detachment before he moved in.

**Good News, Ladies, David (the Plaintiff) is SINGLE!


22 posted on 12/18/2020 3:43:16 PM PST by lee martell
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To: rickmichaels

If there is still any doubt as to whether we are a Christian Nation anymore, we are not.


23 posted on 12/18/2020 3:43:50 PM PST by itsahoot (The ability to read auto correct is necessary to read my posts understanding them is another matter.)
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To: rickmichaels

Charge him 4 years of back rent total to the judgment amount.


24 posted on 12/18/2020 3:45:16 PM PST by grateful
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To: rickmichaels

My mother threw out my collection of baseball cards.

I wonder what is owed me.


25 posted on 12/18/2020 3:45:39 PM PST by lowbridge
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To: rickmichaels

That ain’t werking, that’s the way you do it.
Money for jerking and no chicks for free.


26 posted on 12/18/2020 3:45:43 PM PST by rfp1234 (Caveat Emperor: Dominion delenda est.)
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To: rickmichaels
"“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."

Judge is wrong here, they were afraid- they didn't "use" it if it was in a safety box.
LOL! "Let's go to the bank to see some porn Hon!"

Now, they shouldn't have destroyed their son's property.
As for "damages" all his collection could probably be recreated by joining a porn site for a month.

27 posted on 12/18/2020 3:47:12 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: rickmichaels

“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.

How does somebody “convert porno to their own use”? I mean, was it personalized porno where the participants said his name?

Can anyone help me out here?


28 posted on 12/18/2020 3:48:14 PM PST by big truck
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To: rickmichaels

Oh, he’s 42. If he’d been 12, this would have been much more interesting.


29 posted on 12/18/2020 3:48:26 PM PST by PLMerite ("They say that we were Cold Warriors. Yes, and a bloody good show, too." - Robert Conquest)
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To: usurper
The man needs to get his own castle and move the hell out of his parents house.

According to the story, the man DID get his own house. That’s when his stuff was destroyed.

The story does not mention that the parents had any rules or offered any preconditions when he first moved in, so I assume that wasn’t the case. If it was a rule beforehand that he broke, I could see the parents having a defense. But done without warning to legal property, the kid has a case.

My kids have been in and out. I specifically told them that it was on the condition that they bring no alcohol into my house. THAT would be a legit reason and defensible for me to smash any that I find.

But if I made no mention of that condition, and simply took, for example a $5000 bourbon collection and smashed it, my kid would be justified in being pissed.
30 posted on 12/18/2020 3:49:25 PM PST by mmichaels1970
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To: rickmichaels

Does he have enough money now to get this own place?


31 posted on 12/18/2020 3:51:23 PM PST by Kazan
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To: rickmichaels

If the guy just had a Pornhub account he could have avoided all of this.


32 posted on 12/18/2020 3:52:13 PM PST by usafa92 (Donald J. Trump, 45th President of the United States of America!)
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To: Fireone
Maybe, but they should have notified him of the commencement of storage charges, and put a lien on the property, if not paid.

That would totally be within their right. Also if they knew the stuff was there while he was still living there, they could have kicked him out or given him an ultimatum.
33 posted on 12/18/2020 3:53:38 PM PST by mmichaels1970
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To: usurper
And by the way who pays for porn anyway it's free.

The kind of stuff you have to pay that much for is rarely free. What kind og=f pervert must the Judge be. Like the one in Texas that ordered a divorced father to allow his wife to transition a young boy to a girl against the boy's will. And we wonder why we can't get justice for the election in these courts. The Pizza claims were true and the infect the very elite to the core of our government. Jeffry Epstein was just a minor peek into the level of the infection.

34 posted on 12/18/2020 3:54:05 PM PST by itsahoot (The ability to read auto correct is necessary to read my posts understanding them is another matter.)
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To: lee martell

it doesnt matter

he doesnt care he’s single


35 posted on 12/18/2020 3:55:09 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: FreeReign

“Sheesh, just go online for free.”

Yep! They also throw in viruses and malware.


36 posted on 12/18/2020 3:56:47 PM PST by TexasGator (Z1z)
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To: big truck

It’s just a legal term. “Conversion” means appropriating another’s property. It can be the civil corollary of theft or, in this case, deprivation by destruction


37 posted on 12/18/2020 3:56:54 PM PST by j.havenfarm (20 years on Free Republic, 12/10/20! More than 3700 replies and still not shutting up!)
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To: rickmichaels

Parent deserve it for enabling this worthless son!


38 posted on 12/18/2020 3:57:22 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: usurper

“And by the way who pays for porn anyway it’s free.”

What sites do you recommend?


39 posted on 12/18/2020 3:58:08 PM PST by TexasGator (Z1z)
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To: grateful

“Charge him 4 years of back rent total to the judgment amount.”

He was there three months.


40 posted on 12/18/2020 4:00:05 PM PST by TexasGator (Z1z)
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