Trey Burke sued despite apology

Submitted by PeterKlima on

Trey Burke has been named in a Macomb County lawsuit seeking over $25,000 in damages (minimum that has to be mentioned in the complaint).

This arises out of unfortunate joking about the guy on Twitter, that Shaq mocked, who turned out to have a rare disease.  Shaq and Waka Flocka were also named as defendants.  It is unknown if any of the other, non-wealthy, re-twetters were also named, but for some reason I doubt it.

While I feel bad for the guy, I do not think the actions were intended to be hostile AND all three apologized to him privately and publicly.  In my opinion, this should not be a viable cause of action.

The defendants are wealthy and they made a social media mistake. 

Law firms are businesses that need money and publicity.

If you have strong feeling about this and you are a recoverable potential party, please watch your comments. 

http://www.macombdaily.com/general-news/20140730/warren-man-sues-shaquille-oneal-trey-burke-over-online-mocking

 

 

Dawggoblue

July 31st, 2014 at 10:38 AM ^

Love the scoreboard reference.

 


While I can't disagree with History, it seems our country has taken far more of a whiners mentality as of late.  Your kid loses badly at football?  Sue the school for bullying.  Celebrities make fun of you on the internet?  Sue them.  It really is becoming pathetic.

In reply to by Dawggoblue

BiSB

July 31st, 2014 at 10:42 AM ^

Before it was the whiny millenials, it was the free-loving hippies, or the beatniks, or the flappers, or any number of other perceived cultural shifts away from "traditional hard-working values" and towards namby-pamby weakness.

Some current trends seem ridiculous (often because they are), but society itself keeps plugging along.

FreddieMercuryHayes

July 31st, 2014 at 10:11 AM ^

Maybe I'm missing something, but how can he claim invasion of privacy when Shaq got the picture off of social media?  Did he hack the plantiff's account or something?  But either way, it's a pretty asshole move to mock anybody, even if they don't have a rare medical condition.  If he's really only seeking like 25K, they should just pay it and apologize again. 

FreddieMercuryHayes

July 31st, 2014 at 11:00 AM ^

I don't think $25,000 is a huge sum of money for Shaq.  When I was in high school and trying to 'fit in', I made fun of a kid for something he had no control over.  I felt really, really bad afterward.  I apologized and I bought him Taco Bell. That's kind of what the plantiff seems to be asking for.  Still, doubt he actually wins; probably hard to prove actual damages.  The idealist in me wishes Shaq/Burke would have donated the money to charity or research for that condition without asking.  Maybe they'll just settle it out of court with some money being donated or something.

gbdub

July 31st, 2014 at 1:29 PM ^

Right. There's a difference between expecting an apology, which is reasonable, and going to court for a payday after you get the apology, which looks pretty self serving. Definitely turns your high horse into a legless pony. I won't feel bad for Shaq and Trey if they have to pay up, but I still think it's pretty frivolous (and pretty petty) for the guy to try and cash in. It was mean twitter comments fer crissake. What happened to "be the bigger person"?

Bryan

July 31st, 2014 at 1:44 PM ^

To file a suit in Circuit Court in Michigan, unless state law mandates the action be in Circuit Court (i.e. a divorce) then you must alledge an amount over $25,000. 

You typically do not need to alledge specific damages in a complaint filed in Michigan. 

Clark Griswold

July 31st, 2014 at 10:18 AM ^

Typical money grab where an attorney hounded him to sue. Sad world we live in. Although if I was ugly as hell is be pissed too lol

LSAClassOf2000

July 31st, 2014 at 11:30 AM ^

As I mentioned in another thread, it's pretty clear to me now that your assurances that the act would clean up after the previous ban were not in earnest and that this is, in the end, the sort of person that you are - gratuitously mean and not in the least sensitive, not to mention seeming to revel in the negative attention. Let me put it another way, you will not be able to reply to this post as Clark Griswold. 

umumum

July 31st, 2014 at 11:31 AM ^

kill the lawyers canard.  Can we add everyone on Wall Street, doctors, dentists, insurance agents, car salesmen, auto repairmen and I suspect a few hundred other professions where there are bad apples who put a stain on their profession?  The legal system will play out. Suing ain't winning.  And most lawyers don't like filing frivolous suits--if for no other reason than not wanting to waste time and money when there is little hope of success.

gopoohgo

July 31st, 2014 at 11:20 PM ^

A whole lot of these garbage suits would disappear if a "Loser pays" system were instituted.  Especially if the plaintiff is indigent and the plaintiff's attorney were then on the hook.

sadeto

July 31st, 2014 at 10:21 AM ^

Yet another reason to avoid 'social media' on a personal level. Fine for my firm, and the work we do, but on an individual level I have a hard time seeing the upside. And an easy time seeing the downside. 

Something tells me there will soon be a settlement with a nice donation to the foundation that promotes research into that young man's genetic disorder, which probably should have happened at the time of the apologies. And probably some swag for the young man, too. They could easily afford it, could write it off, and the resulting good will would have helped offset the sting of embarassment. That's supposed to be why you cut big checks to agents and other 'advisors'. 

Clark Griswold

July 31st, 2014 at 10:23 AM ^

You can't post a picture on a public forum and claim invasion of privacy. This guy is not only ugly, but stupid as well.

jtmc33

July 31st, 2014 at 10:24 AM ^

All money collected in relation to this lawsuit should go to support a charity related to his condition... including the Plaintiff's attorney's 33%.

There are no actual, tangible, damages to this guy... but any "suffering" and embarrassment he endured was due to a lack of understanding and knowledge of the condition. 

The "celebrities" should all offer to pay $50,000 a piece to fund benefiting research for his condition.   It is the only win-win outcome for this.

Any other outcome is a complete money-grab

Lucky Socks

July 31st, 2014 at 10:25 AM ^

I'm sorry this man was mocked and I'm sympathetic towards his condition. But the apologies should suffice. Just an opportunity to make some easy money and of course this dude wants to try to take advantage.

I'm sorry for this guy becoming an Instagram joke. But I do side with the "$25,000 for an insult and an apology is ridiculous" crowd

BlastDouble

July 31st, 2014 at 10:26 AM ^

how his ass tastes. For real tho, I looooooove Trey but Im glad he's getting sued. Completely unacceptable actions by any human being. An example should be made of anyone who makes fun of people with developmental disabilities, that shit aint cool at all!

Rhino77

July 31st, 2014 at 10:38 AM ^

When did a simple apology become not enough? Mistakes happen, he owned up to it. Was the young man in question damaged financially? Nope. This is nothing more than an ambulance chasing attorney looking for a settlement. Now who is the person really exploiting this young man?

gmoney41

July 31st, 2014 at 12:04 PM ^

Exactly^^^, what's next, the "oh my gerd goosebumps" girl will start suing everyone who has posted that meme for the last few years.  Trey and the others appologized and realized that it was a dumb joke and that should be that.  I hope the guy looses the lawsuit, truly petty in my book.

ak47

July 31st, 2014 at 12:06 PM ^

The messed up thing is the apology is because he is disabled, not because trey and shaq were assholes.  If this guy had legitimately just been unfortunate looking nobody would ever have apologized but trey and shaq would still be assholes.  (in this situation in particular, I have no idea if trey or shaq are nice people or assholes on the whole)