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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: lowbridge
"My mother threw out my collection of baseball cards.

Many a comic book, magazine and/or record collection have met a similar fate. It's the stuff of legends.
41 posted on 12/18/2020 4:03:32 PM PST by clearcarbon
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To: mmichaels1970

“That would totally be within their right. “

He had his belongings shipped to his new home. When the shipment arrived, the items were missing.

The parents should have stayed out of his business.


42 posted on 12/18/2020 4:03:41 PM PST by TexasGator (Z1z)
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To: rickmichaels

Didn’t something similar happen to Sir Richard Burton’s porn collection (the explorer, not the actor) when he died?


43 posted on 12/18/2020 4:03:45 PM PST by Ruy Dias de Bivar
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To: Berlin_Freeper

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.


And so concerned it might be illegal that they kept it, instead of destroying it along with the rest of the stuff?


44 posted on 12/18/2020 4:04:42 PM PST by Chuckster (Friends don't let friends eat farmed fish)
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To: SgtHooper

“Parent deserve it for enabling this worthless son!”

How did they enable him?

Why do you say he is worthless?


45 posted on 12/18/2020 4:04:57 PM PST by TexasGator (Z1z)
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To: lowbridge
My mother threw out my collection of baseball cards.

I wonder what is owed me.

When I joined the Air Force out of High School my parents threw away my collection of pristine Major Matt Mason toys.

I heard they were worth a bit of money.

46 posted on 12/18/2020 4:05:47 PM PST by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: TexasGator

“What sites do you recommend?”

See if hunter biden will point you in the right direction.


47 posted on 12/18/2020 4:14:22 PM PST by dynachrome ( “The people have spoken . . . and they must be punished.” Ed Koch)
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To: kenmcg

Asinine how justice is served when it comes to something as absurd as a kid’s porn collection but when it comes to this election,there is no standing and procedural hops galore.


48 posted on 12/18/2020 4:15:55 PM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: rickmichaels

That’s not a happy ending.


49 posted on 12/18/2020 4:16:59 PM PST by Ge0ffrey
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To: Drew68

You think people like this only exist in fiction(?)
____________________

I remember a guy in our barracks, mid-80s, Germany. He had a library size supply of porno films on VHS and Beta. Never came out his room in off hours. There was always a line of guys outside his door to ‘borrow’ from him.

No joking, he had thousands of movies. And back then, it was worth more than just $25,000! He was an OCD fanatic. And probably a pervert to boot.


50 posted on 12/18/2020 4:20:58 PM PST by Deepeasttx ( Sensitivity/diversity training sessions are just reeducation camps without walls....for now.)
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To: TexasGator
The parents should have stayed out of his business.

I agree.
51 posted on 12/18/2020 4:25:39 PM PST by mmichaels1970
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To: Chuckster
And so concerned it might be illegal that they kept it, instead of destroying it along with the rest of the stuff?

Agreed. My impression was that they were going to turn them over to police eventually. Interesting family dynamic.
52 posted on 12/18/2020 4:28:22 PM PST by mmichaels1970
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To: TexasGator

I didn’t see in the article where it said he was only there for 3 months, just that he had moved in in 2016 after a divorce.


53 posted on 12/18/2020 4:32:05 PM PST by grateful
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To: grateful

“I didn’t see in the article where it said he was only there for 3 months, just that he had moved in in 2016 after a divorce.”

Your loss.


54 posted on 12/18/2020 4:37:26 PM PST by TexasGator (Z1z)
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To: mmichaels1970

“Agreed. My impression was that they were going to turn them over to police eventually. Interesting family dynamic.”

You can’t turn over what you have destroyed.


55 posted on 12/18/2020 4:39:22 PM PST by TexasGator (Z1z)
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To: rickmichaels

Summary judgement... parents were a no show.

Son just spent his entire inheritance.


56 posted on 12/18/2020 4:41:45 PM PST by tired&retired (Blessings )
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To: rickmichaels

That rivals bud and al bundys collection of bigguns


57 posted on 12/18/2020 4:41:52 PM PST by al baby (Hi Mom Hi Dad)
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To: rickmichaels

Sounds like the parents needed a better lawyer.

And a better judge.


58 posted on 12/18/2020 4:44:46 PM PST by PAR35
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To: OldMissileer

“When I joined the Air Force out of High School my parents threw away my collection of pristine Major Matt Mason toys.”\\

When I came back home after the Navy a few items were gone.

The double-holster, ‘ivory’ grip pistols I had are worth about a thousand. My hand-built skateboard and Playboy sweatshirt surely would be collectibles.

Maybe someone found them in the trash.


59 posted on 12/18/2020 4:45:40 PM PST by TexasGator (Z1z)
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To: itsahoot

the epsteins and pizza gates of the world would not flourish if an enraged father/brother/uncle would be around...


60 posted on 12/18/2020 4:48:37 PM PST by cherry (TRUMP WON!)
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