(You Gotta) Fight For Your Right (To Party)

[Millenium Vette]

Son wins lawsuit after mom throws away his best porno mags

OTTAWA COUNTY, MI – A Grand Haven couple will have to pay for disposing of their son’s pornography collection.

The only question is how much.

David Werking, 42, sued his parents, Beth and Paul Werking, after they tossed out 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 $25,000.

His attorney, Miles Greengard, contends that his client should receive treble damages, which is allowed 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 guy and his dirty magazines.

“This was a collection of often irreplaceable items and property,” Greengard said.

His client had moved into his parents’ home in late 2016 after a divorce. After he left for Muncie, Indiana, 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.

In his latest ruling, he said: “As early as 1874, Michigan courts have recognized that conversion to one’s ‘own use’ was broad and could include destruction due to the converter’s ‘belief in [the destroyed item’s] deleterious effects.’”

The Michigan Supreme Court confirmed that conclusion in 2015, Maloney wrote.

“In this case, there is no question that the destroyed property was David’s property. Defendants repeatedly admitted that they destroyed the property, and they do not dispute that they destroyed the property. Therefore, the Court finds that there is no genuine dispute of material fact on David’s statutory conversion claim.”

The parents had called police on Aug. 23, 2017, over an “incident” and asked that their son leave for at least three days. The son repeatedly contacted his parents and tried to retrieve his property from their home, the judge said.

The parents said they had told their son when he moved in that he could not bring pornography into their home or it would be destroyed. They also contended he had abandoned the property and said he could have mitigated his losses by removing it himself.

The judge said the parents would not allow him back and that they said they would ship his property to him.

The parents had kept some materials, described as the “worst of the worst,” in a safety-deposit box, concerned it could be illegal.

Ottawa County Sheriff’s Department reviewed the materials and found no evidence of child pornography. No charges resulted.

YouTube (Short URL)

[Bill]

10/10 for thread title excellence!

@onedef92 would be proud. Wish he was still around.

[snide]

Originally Posted by bill_daniels

10/10 for thread title excellence!

@onedef92 would be proud. Wish he was still around.

Indeed. Julian, where are you??? @onedef92

[Giraffe (He/Him)]

“This was a collection of often irreplaceable items and property,”

Now what do you figure is irreplaceable when it comes to pr0n?

“worst of the worst”

And what might THAT be? First you gotta have a worst, then you're gonna need another, lower level of worst. Is butt stuff the worst of the worst or would you classify that as worst? Is butt stuff illegal? Asking for a friend.

[Millenium Vette]

Originally Posted by bill_daniels

10/10 for thread title excellence!

@onedef92 would be proud. Wish he was still around.

Thank you. Hat-tip to onedef for the inspiration. I miss having him here.

[Datawiz]

I think they misspelled his last name. I believe it starts with a J.