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  #1  
Old 06-20-06, 02:21 PM
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Dirk might be facing a lawsuit...

Dirk might be facing a lawsuit...
Reported in the Miami Herald

A Miami man said Monday he was injured when Mavericks forward Dirk Nowitzki kicked a basketball into the stands after Game 5.

Late Monday, the Mavericks' star forward was fined $5,000 for his actions, Stu Jackson, NBA senior vice president for basketball operations announced.

Michael Alan, a 63-year-old retired accountant, said he has been suffering headaches since Nowitzki's kick hit him in the right ear and right side of his face. ''I couldn't sleep because of the headaches,'' he said. ''It hurts to eat because my jaw hurts. If I continue to feel the way I feel now, then I will go to an attorney. I want somebody to say, `I'm sorry.'' '

Alan -- who said he suffers from heart disease and emphysema -- said he was rising from his seat when ``out of nowhere, a ball hit me. It's like a mule hit me. It knocked me down into my chair. I got a headache right away and my head was vibrating.''

His wife, Rosie, said, ``It was hilarious how ridiculously hard it was kicked. My husband has a lot of health conditions. He doesn't need this.''

Alan and his wife said they did not know Nowitzki had kicked the ball until they returned home from the game and turned on the television. 'I told my wife, `That's the ball that hit me!' '' he said.

Earlier this season, Denver forward Carmelo Anthony was fined on two separate occasions for throwing a ball into the stands -- $5,000 the first time, $15,000 the second.

Tim Frank, the NBA's vice president of communications, said he did not believe an NBA player ever had been suspended for kicking or throwing the ball into the stands.

Minnesota forward Kevin Garnett was fined $5,000 in February after he threw a ball into the stands. The fan who was hit was taken out of the arena on a gurney but was not seriously injured.

http://www.miami.com/mld/miamiherald...s/14857571.htm
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  #2  
Old 06-20-06, 02:28 PM
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PAAALLLEEEEEEEEEASE. This is retarded.

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  #3  
Old 06-20-06, 02:29 PM
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i thought dirk hit an infant??
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  #4  
Old 06-20-06, 02:32 PM
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I beleive them......way to go Dirk
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  #5  
Old 06-20-06, 02:36 PM
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All I have to say is..... Dirk, That's what you get for being a baby. HAHAHAHAHAHA
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  #6  
Old 06-20-06, 02:42 PM
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Quote:
Originally Posted by phillyspurslover
yea....and i'm suing mcdonalds b/c my hot coffee was.....HOT!
and if it WAS a infant that got hit ???

bad analogy
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  #7  
Old 06-20-06, 02:42 PM
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The guy is in his 60's, and already had existing health problems. I've been hit in the head with a basketball which did sting quite a bit, and that was from a pass I wasn't ready for, which is always worse when your not expecting it. But for someone to boot a ball that hard and high, it was going a lot faster then what I got hit.
I believe this guy probably did get hurt, and probably does still have a headache from it. Anything more then that, probably not.

To me it sounds like this guy wants an appology more then anything else.
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Old 06-20-06, 02:43 PM
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Its amazing how people try and get money for themselves like this.

Remember the guy's reaction to when KG accidently hit someone w/ the ball earlier this year, talk about over-reaction.
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Old 06-20-06, 02:44 PM
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nobody said a lawsuit was in the works..........if it gets to that I bet the old man has a good chance

it does seem like he only wants an apology
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  #10  
Old 06-20-06, 03:03 PM
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whoopie will dirk get suspended? no, he won't...
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  #11  
Old 06-20-06, 03:07 PM
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Hey, if you're sitting in the lower stands, you have to watch the ball at all times. It's your responsibility. If you get hit, it's your fault for not seeing it.
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  #12  
Old 06-20-06, 03:11 PM
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Quote:
Originally Posted by YoMamaIsCallin
Hey, if you're sitting in the lower stands, you have to watch the ball at all times. It's your responsibility. If you get hit, it's your fault for not seeing it.
the game was over and they probably were leaving, and I hope Dumkoph Dirk gets sued for his damages
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Old 06-20-06, 03:23 PM
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If the old man was looking for a lawsuit or money, he would have sought medical assistance while he was at the game instead of going home. Give him a break. He just wants an apology. If he does require medical assistance, dirk should be man enough to offer to pay the bills. No one expects a ball to hit them in the face AFTER the game was concluded and people are leaving.
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  #14  
Old 06-20-06, 03:23 PM
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Quote:
Originally Posted by wcsf
the game was over and they probably were leaving, and I hope Dumkoph Dirk gets sued for his damages
Thank you Mr. WCSF, you are excused from this jury panel...
Honestly, this guy has a good shot at getting 5K -10K extra from Dirk/NBA. Maybe some free STACK jerseys???
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  #15  
Old 06-20-06, 03:30 PM
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Laughable.
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  #16  
Old 06-20-06, 03:39 PM
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If he got hurt, he got hurt. Don't be so quick to judge.
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  #17  
Old 06-20-06, 03:39 PM
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Quote:
Originally Posted by phillyspurslover
yea....and i'm suing mcdonalds b/c my hot coffee was.....HOT!
Was it so hot that you got 3rd degree burns on your vagina the way that Stella Liebeck did?
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  #18  
Old 06-20-06, 03:42 PM
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ouch !

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  #19  
Old 06-20-06, 03:44 PM
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Quote:
Hey, if you're sitting in the lower stands, you have to watch the ball at all times. It's your responsibility. If you get hit, it's your fault for not seeing it.
This is basketball, not baseball
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Old 06-20-06, 03:45 PM
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This isn't baseball, where balls flying into the stand are commonplace and part of the regular process of the game. If Dirk blocked a shot, or missed a dunk, or made a bad pass that wound up in the crowd during the course of the game, then it's understandable that one might catch a roundball to the dome.

However, in a fit of rage, after the game was over, Dirk kicked a ball into an unattentive crowd of innocent people. Kicking a basketball is not part of the regular process of the game, AND the game was over. His actions were irresponsible and negligent and he should be held accountable for any and all damages caused by those actions.
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Old 06-20-06, 03:53 PM
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Wow thats not a shocker.
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  #22  
Old 06-20-06, 04:01 PM
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Even if you think that the guy is just out to make a buck, Dirk still should not have done that.
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  #23  
Old 06-20-06, 04:05 PM
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Quote:
Originally Posted by SAScrub
However, in a fit of rage, after the game was over, Dirk kicked a ball into an unattentive crowd of innocent people. Kicking a basketball is not part of the regular process of the game, AND the game was over. His actions were irresponsible and negligent and he should be held accountable for any and all damages caused by those actions.
100% agree. But lawsuit worthy? Nope. Let the NBA buy him tix to another game next year. If he makes it that long. Plus, if he is sick and whatever...is being in the lower stands of a LOUD, ROWDY sport stadium the best place for him to be? Dirk should Say "Sorry." maybe even the Mavs buy him Tix...but that's where it should end.

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  #24  
Old 06-20-06, 04:09 PM
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Quote:
His wife, Rosie, said, ``It was hilarious how ridiculously hard it was kicked.''
Thanks for the support, Rosie.
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  #25  
Old 06-20-06, 04:11 PM
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Quote:
Originally Posted by Sith Lord
100% agree. But lawsuit worthy? Nope. Let the NBA buy him tix to another game next year. If he makes it that long. Plus, if he is sick and whatever...is being in the lower stands of a LOUD, ROWDY sport stadium the best place for him to be? Dirk should Say "Sorry." maybe even the Mavs buy him Tix...but that's where it should end.

Sith
Dirk should offer to cover any and all damages he caused by kicking that ball...then he won't have to be sued. If the guy suffers permanent headaches for the rest of his life, are tickets to the Heat really going to cover that?

His health is irrelevant to his attending this game. Although there is some liability accepted when you go to a sporting event, having a basketball kicked at your head is not one of the things you sign up for.
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  #26  
Old 06-20-06, 04:14 PM
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The whole hot coffie argument is stupid. If Dirk took a cup of hot coffie, and then, in anger at a loss of game, ON PURPORSE POUR IT ON YOU, then the comparison is fair.

The whole point about one is supposed to be responsible for thier own safety while attending a sporting event is well-put, except that it ONLY applies DURING THE COURSE OF PLAY. If you get hit by a stray baseball, hockey puck, etc. during a legit PLAY, and then to sue, that's stupid and a shame.

However, if a baseball player gets ticked off, AFTER a game is over, and decides to hurl a baseball into the stands, and hits some kid in the head, they should be sued and then BANNED from the sport FOR LIFE. A young girl died as a result of a stray hockey puck. Now, that was a result of a legit play, so it was just a sad situation.

Dirk needs to say sorry for this and pay up - some amount, perhaps a few thousand. If he wishes to kill a treadmill, fine. If he wishes to kill a PAYING FAN, then there's a real problem here.
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  #27  
Old 06-20-06, 04:20 PM
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Quote:
Originally Posted by timm
If Dirk took a cup of hot coffie, and then, in anger at a loss of game, ON PURPORSE POUR IT ON YOU, then the comparison is fair.
That would probably get him suspended.
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  #28  
Old 06-20-06, 04:21 PM
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dirks bad streak can't continue....
or could it?
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  #29  
Old 06-20-06, 04:29 PM
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Quote:
Originally Posted by SAScrub
This isn't baseball, where balls flying into the stand are commonplace and part of the regular process of the game. If Dirk blocked a shot, or missed a dunk, or made a bad pass that wound up in the crowd during the course of the game, then it's understandable that one might catch a roundball to the dome.

However, in a fit of rage, after the game was over, Dirk kicked a ball into an unattentive crowd of innocent people. Kicking a basketball is not part of the regular process of the game, AND the game was over. His actions were irresponsible and negligent and he should be held accountable for any and all damages caused by those actions.

Agreed! What a dumbass Dirk is! It seems as if the old man just wants an apology but Dirk should pay for his medical bill and apologize!
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  #30  
Old 06-20-06, 04:40 PM
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Hey...if the man got hurt due to the actions of someone else...he has every right to want to be compensated.

But it doesn't sound like he wants to esculate the situation into anything more than I'm sorry from the initiator.
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  #31  
Old 06-20-06, 04:45 PM
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Quote:
Originally Posted by bo spur
This is basketball, not baseball
Exactly. The fan has no obligation, especially in the upper seats, to watch for a basketball hitting them in the head. That man has every right to sue if he wants. Whether he really suffered significant injury is up for debate, but Dirk kicking the ball into the stands and the consequences, is HIS responsibility. It is Laughable to try and blame the fan for "not watching for the basketball".

Quote:
Originally Posted by Sith Lord
100% agree. But lawsuit worthy? Nope.
Sith
It absolutely is law suit worthy, it might even be construed as assault.
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  #32  
Old 06-20-06, 04:54 PM
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Originally Posted by JamesR
I wouldn't go that far Rick. Assault (at least how I understand it) is construed as an intentional act.
You're right, probably not assault, but it is when the target is AWARE of the threat. Not necessarily whether or it was intentional.
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  #33  
Old 06-20-06, 04:55 PM
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that ball wouldn't have hurt me, but i take my 5 year old son to see the spurs, and if he got blind-sided by a basketball, i would sue the good-for-nothin' a$$hole that kicked it for every cent.

the league let dirk go with a slap on the wrist; i hope he loses his ass in court.
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  #34  
Old 06-20-06, 05:00 PM
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Dirk intentionally kicked the ball in to the miami heat crowd, not unintentionally. He didn't care. Does anyone think he didn't think he didn't want to BOP someone with that ball while still kicking it towards the innocents anyways? I don't see how this could be an accident.
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  #35  
Old 06-20-06, 05:18 PM
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Quote:
Originally Posted by JamesR
His lawyers would argue that while the kicking of the ball was intentional, the outcome was not.

He'd still be in deep ****, but not an assault charge.
and the victim's lawyers would argue that the intentional act did give the expected outcome since intentionally kicking the ball into the crowd could have no other outcome than the outcome that resulted.

dirk should apologize publically, we will go from there. Dirk gotta be feeling bad about this and I know he is really not a bad guy, but still.......
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  #36  
Old 06-20-06, 05:43 PM
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Hypothetical situation. You and a friend are working on your car. Something happens and you hurt your hand while working with a wrench. Out of frustration and anger you carelessly throw it, hitting your friend in the eye. Does he have grounds for an assault charge?
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  #37  
Old 06-20-06, 05:53 PM
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Quote:
Originally Posted by JamesR
he has grounds to sue you...but I just can see an assault charge.

Now if out of anger and frustration you beat you friend across the head with it, then yeah, its assault.
Man that Nowitzki is just a THUG. If he goes ahead and sues, he should go after the really deep pockets, the Mavs team and Cuban. That is one instance where I'd be happy to see the team get sued for the actions of one of it's members.
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  #38  
Old 06-20-06, 05:58 PM
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Oh brother, this is the reason I stopped working in the federal judicial system. "You see, your honor, I had to deflect the ball with my head in order to prevent it from hitting my other vulnerable body parts. During the game I noticed from the 70th row that Mr. Nowitzki was eyeballing me. I believe he intentionally kicked the ball in my direction in a vindictive retaliatory manner. I could see the anger in his eyes."
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  #39  
Old 06-20-06, 06:08 PM
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Dirk should be suspended, sued, and sent to prison.

End of story.
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Old 06-20-06, 06:44 PM
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Maybe a lawsuit will do wonders for Dirt and stop him for at least a week before he does something else that is retarded. Spare the rod, spoil the child. He is such a doofus.
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  #41  
Old 06-20-06, 06:49 PM
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Quote:
Originally Posted by Toribio Ortega
Oh brother, this is the reason I stopped working in the federal judicial system. "You see, your honor, I had to deflect the ball with my head in order to prevent it from hitting my other vulnerable body parts. During the game I noticed from the 70th row that Mr. Nowitzki was eyeballing me. I believe he intentionally kicked the ball in my direction in a vindictive retaliatory manner. I could see the anger in his eyes."
Quote:
Originally Posted by Nazr For 3
Dirk should be suspended, sued, and sent to prison.

End of story.
You guys are a laugh a minute.
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Old 06-20-06, 06:50 PM
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  #43  
Old 06-20-06, 06:56 PM
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funniest thread i'v read all day, why not just hand out the death sentence?
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  #44  
Old 06-20-06, 07:01 PM
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^forgot about that one
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  #45  
Old 06-20-06, 07:54 PM
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As stated earlier when you go to a baseball game part of the terms and conditions are you might be hit by a ball and you waive liability for this by using the ticket. I wonder if the same clause applies to other sports.
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  #46  
Old 06-20-06, 08:28 PM
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If fan throws something on the court it is serious and why shouldn't this be the same - that ball can hurt and Dirk should have to pay.
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  #47  
Old 06-20-06, 08:54 PM
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players throwing balls into the stands is not part of the game. it's a childish temper trantrum at best; it's a felony at worst. the NBA is not going to stand for either one.
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  #48  
Old 06-20-06, 09:02 PM
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a texas ranger, Frank Francisco, threw a chair into the crowd at an A's game (I was at) two years ago, busted a lady's nose, and was arrested. FF was trying to hit a different fan. If he threw a baseball and broke her nose, would that have been OK since it was "explained in the fine print" ?
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