Posted on 02/14/2021 12:14:31 PM PST by L.A.Justice
HOUSTON, Texas (KTRK) -- A Houston bar owner has been found responsible for a 2019 assault at his club, which had injured both the son and godson of former Astros player Roger Clemens.
Daniel J. Wierck, the owner of Concrete Cowboy whose staff and bouncers led the attack, now owes Roger's son, Kacy Clemens, and Roger's godson, Conner Capel, $3.24 million.
"Both young men feel both exonerated and appreciative of the jury's verdict," said Randy Sorrels, a partner in Sorrels Law who represented the two men in the trial. "These last two years of exposing the bar's cover up of these attacks have been challenging - and now rewarding. Kacy and Conner never did anything to prompt or start any problems or violence, and the jury correctly held the bar and bar owner 100% responsible."
On Jan. 1, 2019, a bouncer told Capel to move away from the bar Capel was standing near. The bouncer then put him in a chokehold, according to Capel and Clemens' lawyer. Capel also said Wierck had hit him over the head with a flashlight.
Meanwhile, Clemens had tried to intervene but was also placed in a chokehold, their lawyer said. Clemens was hit in the ribs several times, and both of the men were thrown outside.
As a result of the attack, Capel, a minor-league baseball player for St. Louis Cardinals at the time, suffered a skull fracture above his left eye which required internal and external wound repair. Clemens, who played in the minor leagues for the Toronto Jays at the time, injured his right elbow.
Conner Capel, a friend of Kacy Clemens...
How much money would the lawyer get out of $3.24 million award?
Time passes...I remember watching Roger Clemens exchanging some harsh words with Mike Piazza on TV...Now, his son wins a lawsuit against a nightclub...
That would typically be a 30-40% contingency fee case.
Looks like he fought the bouncer pretty hard.
I don’t see what about those wounds indicates that he fought the bouncer at all.
He wouldnt have any wounds if he hadnt fought the bouncer.
How do you know? Maybe the bouncer assaulted an innocent, unresisting man.
Their injuries were so severe, they posed for pictures outside and went home to get more pictures before seeking treatment.
Yeah, and the rest of the content of the case presented to the jury is 100% true, including hearsay tweets and reviews. ‘Racist’ reviews, too. /s
Don’t pass judgment based upon this one ruling. Read for yourself:
I’d bet the farm that there’s far more to this story.
The alleged assault, btw, occurred on New Year’s Day, 2019, at which time their attorneys filed suit which then sought “compensation between $200,000 and $1 million U.S. from 34th S&S, LLC, the bar’s parent company,” and reports at the time portrays the player’s baseball career “in jeopardy” from his injuries.
It was later amended to be $5 million.
Snippets of what’s been publicized (and not hard at all to find):
“As part of Roger Clemens’ testimony on behalf of his son and Capel, he described how he raised his four sons and encouraged them to represent themselves well off the baseball field.”
Yeah, right. /s
https://6abc.com/son-of-baseball-legend-roger-clemens-arrested-for-dwi/5312341/
And their role models (to speak nothing of dad):
https://usatodayhss.com/2016/renowned-texas-club-baseball-coach-arrested-in-prostitution-sting
And re dad’s ‘acquittal’, there’s a ‘witness statement’ which seems not to ever have been disproven, in spite of his ‘acquittal’:
“Clemens spent 4½ years proclaiming his innocence after Brian McNamee, his former personal trainer, told baseball investigator George Mitchell that he injected the pitcher with steroids and human growth hormone about 16 to 21 times during 1998, 2000 and 2001.”
““We had DNA evidence in the Clemens case, with Clemens’ DNA and an anabolic steroid within a needle that was used to inject him,” said Novitzky. “And contrary to Bonds’ defense narrative, his use of PEDs was more than rubbing on ‘The Cream’ and taking a few drops of ‘The Clear’ under his tongue. The BALCO and MLB testing records reflected Bonds’ use of multiple doping substances, from 2001 through 2006, including injectable anabolic steroids, injectable human growth hormone, post cycle therapy drugs and amphetamines.”
https://core.ac.uk/download/pdf/148694975.pdf
That’s a hint of the character which raised these boys. I think dad had an axe to grind with a bunch of people, the family might have been hurt financially by the virus’s effect upon sports and they saw an opportunity, walking into a bar with such a well-known ‘rep’ that I’m sure the pair knew very well what they were in for.
I think it paid off in spades.
The photo op of their injuries stinks to high heaven. So does dad...
If he had fought his knuckles would be busted up and they aren’t.
Yeah, I see a couple of ‘victims’ who walked into a bar with a known reputation seeking a little payola.
And they damned well got it. See my #7.
Depends on how much can actually be collected. I doubt the bar owner is good for the full amount. And Texas has hefty exemptions.
But subtract expenses off the top, and then probably 33% to 40% of the net recovered to the attorney.
Should i have said “wrasseled”?
Or perhaps the plainitff is “French” and fights with his feet.
Worked at a bar years ago. Had to deal with an occasional obstreperous patron.
Never saw an innocent person attacked by bouncers and staff.
I was in a bar with a buddy when we heard two bouncers talking about clobbering a patron.
The one guy walked in front while the second walked behind him hidden from sight.
My buddy and I followed behind.
As the first guy came in front of the victim he ducked to the side
and the bouncer behind walloped the victim with a sucker punch, taking him out.
My buddy and I intervened to stop the attack and were roughly accosted but luckily unharmed.
Apparently, a woman was somehow a motivating factor in the attack.
You’re talking about general principles.
Justice is concerned with individual circumstances.
What matters in this particular case is what happened in this particular case.
Depends on whether the insurance policy excludes intentional torts. One customer beats another - might be covered. Employees beat a customer, maybe not.
As for the percentages - I generally stay away from plaintiff PI cases, but I seem to recollect from a fee schedule I was given years ago before I got high class clients that it was 1/3 to trial, 40% if it went to appeal. But local practice might vary. I’ve heard rumors of pre-trial settlement as low as 25%, and post appeal as high as 50%.
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