Last week, we predicted that a personal injury lawsuit would be following along behind the criminal charges that were filed against Gloria James, mother of Miami Heat's LeBron James, because of an altercation at the famed Fontainebleau Hotel earlier this month. Sure enough, a Miami - Dade County lawsuit was filed this week.
The Valet Has Sued LeBron James' Mom For Florida Personal Injury Damages
According to news reports, the pleadings filed by the Fontainebleau hotel valet ask for monetary damages resulting from the following legally-recognizable injuries (read the complaint here):
- emotional distress
- humiliation
- mental anguish
- medical expenses
- the loss of the ability to earn money, and
- the loss of capacity for enjoyment of life.
Liability Must Be Proven First
These allegations of harm are based upon two bases for liability: (1) negligence and (2) assault and battery. The plantiff must prove these legal bases -- "causes of action" -- before any damages can be awarded.
Damages Must Also Be Proven By Valid Evidence
Once the liability has been proven by admitted evidence, then the damages must be proven, also by admitted evidence. The valet will have to provide testimony and documents to support the harm he has purportedly experienced: e.g., facts to show that he has lost the capacity to enjoy life, etc.
The Amount of Evidence Must Be a "Preponderance"
In civil cases, unlike the "beyond a reasonable doubt" standard for criminal matters, there must be enough evidence to prove the fact is more likely than not true. Every plaintiff has to provide a certain amount of evidence in order to prove their case - and the judge decides if this has been done.
The valet, as the plaintiff in this civil lawsuit, must prove it is more likely than not true that:
- Lebron James' mother was negligent under Florida law.
- Gloria James legally committed civil assault and battery against the valet.
Only after the plaintiff has met this liability burden will he have an opportunity to submit evidence of damage; again, as plaintiff in this civil lawsuit, he must prove it is more likely than not true that:
- he suffered "emotional distress" as that is defined in Florida law
- he suffered "humiliation" as that is defined in Florida law
- he suffered "mental anguish" as that is defined in Florida law
- he incurred legally-recognizable medical expenses as a result of the event
- he has suffered a loss of the ability to earn money, and
- he has suffered a loss of capacity for enjoyment of life.
How Is This Evidence Provided in a Lawsuit?
Evidence is provided in two ways: by witness testimony and by admitted documents. Documents can include videotapes, audiotapes, etc. under Florida law. Accordingly, the plaintiff can take the stand and tell the jury what he's experienced. He can also introduce things like doctor's bills and pay stubs.
Of course, LeBron James' mother can also introduce evidence in her defense. Evidence that refutes the plaintiff's claims.
Today, TMZ offers a surveillance video of the incident itself. The video has a lot of folk asking who's really to blame for the event: the valet or Mrs. James. Watch it for yourself and see what you think -- because if this case gets to trial, then the jury will be watching this same video to decide that "More Likely Than Not" question.
By on April 14, 2011 1:24 PM
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