When the news came out the week of April 7th, 2011 that Gloria James, Lebron James’ mother, slapped a parking attendant at Fontainebleu Hotel in Miami, Florida, I was like “Oh my.” Then I read the parking attendant was lawyering up and suing Gloria James. The stories of course started to fly all over the internet. But, you gotta love TMZ and their ability to just capture the real deal in real time.
TMZ has now released the video footage from the incident and it appears this attendant guy, from the footage, made the first move and pushed Ms. Gloria James who fell to the ground. With his size et al, laying his hands on Gloria James should get him a well earned strong slap in self defense of such offensive contact, really. As in, “where are your manners young man?!” You keep your hands to yourself.
Now he attempts to sue her. Settlement might seem an option afterall 99% of cases, especially where small damage amounts like these are concerned, settle. However, I am not so sure, as a matter of principle, this is a case to settle. Gloria James it would seem to me can counter sue the attendant and the hotel he worked/works for, Fontainebleu. Fontainebleu would be sued for Negligent Supervision of this employee, among other possible causes of action. The counter suit would also include battery and assault charges against the Attendant, Negligence as well as Intentional Infliction of Emotional Distress, among other possible causes of actions.
Truth is, he lacks the deep pocket (money) for Gloria James’ to waste her time suing him but since he has already instituted the suit, she can and should counter sue. Fointainebleu should probably not get dragged into this but they hired the guy and put him in their parking lot. It was their duty to train him so he knows not to act the way he did which was caught on tape. As a point of settlement, Gloria if she filed the suit against the hotel should demand they fire him to make her go away. Such ridiculous nonsense and rubbish.
UDUAK LAW FIRM BLOG LEGAL ANALYSIS
Anyway, two things come into play when actions like this occur. Since the Attendant sued, I will analyze the suit from his view and what he must show:
1. Criminal Litigation: The DA in a jurisdiction (place) like California would charge Gloria James with California Penal Code (CPC) 242 (Battery) and CPC 240 (assault). Charging does not mean they can prove their case. Self defense is also available to Gloria in her Defense against the battery charge.
By the way, what is the difference between an Assault vs. a Battery charge?
Assault you “attempt” to use force or violence against someone.
Battery you “actually” use force or violence against someone.
Note the story you are about to read mentions the alleged victim here seeks compensation in civil court for assault and battery?
2. Civil Litigation: Tort law provides a means for Plaintiffs (wronged individuals/those who perceive they have been wronged) to sue for damages (money in this instance).
The Plaintiff (Attendant) here will have to show:
1. Gloria James acted i.e. slapped him.
2. The contact was harmful or offensive. Here he claims it was harmful so much so that he has now lost his “capacity for enjoyment of life” (kissing? drinking? eating?) and ability to earn money. The suit is worth only $15,000. So, I have to ask was the slap that intense? Women have been slapped men since the beginning of times and I presume will continue to when they do stupid things. It is what great movies are made up of. That perfect timed slap and then “you bastard you cheated!” Okay I digress. Back to the issue at hand. I am yet to see a woman that can slap a man so hard he loses his “capacity for enjoyment of life?” Like are you serious? Lawyers we can be creative with a lawsuit without using terms that make it a bit incredulous to believe, especially where the case is in the public limelight. Think through the crafting of the complaint you file.
3. The next element most jurisdictions would require the Attendant to prove is the intent by Gloria James to cause this harmful or offensive contact.
4. Once the Attendant shows the intent now he must show the CAUSATION part. The slap caused him to “lose “his capacity for enjoyment of life.”
5. Damages (Money)- He need not prove the actual damages he suffered. Also, if Gloria James acted with malice, he can collect punitive damages i.e. damages that punish for bad behavior.
But, the video footage is excellent evidence for Gloria James. She can file a motion to dismiss the case and offer the footage a evidence. So we are done on the legal speak. What next?
Legal Colleagues you can cut straight to the four (4) page Complaint here.
Others Read Below:
“LeBron James’ mother Gloria James caused the valet she allegedly slapped last week to lose his “capacity for enjoyment of life” — and now he wants $15,000 minimum … according to his lawsuit.
TMZ obtained a copy of the lawsuit Rockfeller Sorel filed Tuesday in Miami-Dade County. In the suit, he accuses Gloria of assault and battery … during the incident at the Fountainbleu Hotel.” TMZ has the full story.
Photocredit: AP Photo/Amy Sancetta