Son sues mother and father for tossing his porn and winnings

The Michigan plaintiff files a lawsuit against his parents for throwing away his pornography collection and they are sentenced to pay damages.

David Werking, 42, of Grand Haven, Michigan, filed a lawsuit against his parents, Beth and Paul Werking, for what a US District Judge Paul Maloney in Kalamazoo called “a treasure trove of pornography and a range of sex toys” had thrown away. And now they have to pay for the move after the court ruled in favor of the plaintiff. The parties have until February to submit the estimated damages.

Parents’ attorney, Anne Marie VanderBroek, said she was working to assess the value of the items that were disposed of. Plaintiff estimates the damage to be approximately $ 25,000.

David’s attorney, Miles Greengard, said his client should receive “triple damages,” adding, “We asked the court to do so [these] Damage which we believe is justified due to the wanton destruction of property. This was a collection of often irreplaceable items and items. “

The plaintiff divorced in 2016 and moved back into the parental home. He had previously lived in Muncie, Indiana, and expected his parents to pick up his things. David later found he was missing at least a dozen boxes full of explicit videos and magazines he inquired about, and his father admitted to throwing them.

Photo by Alfred Kenneally on Unsplash

He took an email from his father to court saying, “Honestly, David, I’ve done you a great favor getting rid of all this stuff.” The couple stood firm and tried to reject the case, which the judge refused.

“To get to the heart of the coconut now, the legal question before the court is whether Paul and Beth converted David’s pornography” for their own use “,” wrote Maloney, noting that they did. In his decision, he said: “As early as 1874, courts in Michigan recognized that the conversion to personal use was far-reaching and could include destruction because of the converter’s belief in destruction [the destroyed item’s] harmful effects. ‘The Michigan Supreme Court upheld this conclusion in 2015. In this case, there is no question that the property destroyed was David’s property. The defendants repeatedly admitted that they destroyed the property and they do not deny that they destroyed the property. Therefore, the Court finds that there is no real dispute over material facts regarding David’s statutory right to conversion. “

Beth and Paul said they had given their son a fair warning that he could not bring the pornography into their home or it would be destroyed. They also felt he had left his Indiana property when he left and could have picked it up himself if it really had been that important to him. That’s why they had kept their promise by throwing his porn. The couple called the police on August 23, 2017 after a confrontation and asked David to leave the house for at least three days.

David “repeatedly contacted his parents and tried to get his belongings from their home,” said the judge. The parents would not leave him behind, saying they would send him his property. The parents kept some of the materials that were labeled “the worst of the worst” in a safe because they feared it might be illegal. “However, the Ottawa County Sheriff’s Department investigated and found no evidence of child pornography. Thus, no charges were brought against the plaintiff.

Swell:

Man wins lawsuit against parents who threw $ 25,000 in “porn treasure”

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