Frivolous lawsuits have become a staple in American society and the latest in the quest for ill found gain involves a former Saddleback football player and a neighboring apartment complex known for housing many Saddleback students.
Two years ago, a former Saddleback football player, Jamal Malone, was involved in a physical altercation that left him in a coma. Although there was not enough evidence to formally charge the four gentlemen attested for attacking Malone, a civil suit has been filed. Listed as defendants are the four alleged attackers, as well as the apartment complex where the altercation occurred and the property management company in charge of the complex where the fight occured.
“Medical Expenses incurred are in excess of $1 million,” said Lawrence Eisenberg, Malone’s attorney.
While this is an unfortunate situation for Mr. Malone, the scope of responsibility needs to be examined. It is logical and proper to assume that the four alleged attackers hold an amount of responsibility for the situation; it is unfair to assume that the apartment complex is at fault here.
The lawsuit contests that Gleiberman Properties Inc. and Promenade Apartments LLC were aware of several previous incidents where law enforcement had been called to the complex and continued to allow large parties to continue.
While Malone’s injuries might have been prevented, had security broken up the party, the property management company cannot be held responsible for the actions of its individual tenants and guests.
While my thoughts and sympathies are extended to Malone and his family, as they deal with his long and expensive recovery, it is important to remember that unnecessary legal suits not only waste the court’s time and money. They also reflect the public’s resistance to accept that awful things happen from time to time.
The incident in question occurred between Malone and his attackers, and should remain there. Malone should be filing suit against his attackers and if they are found responsible, they need to be obligated to cover the expenses for his injuries.
The fight could have occurred, regardless of the presence of a party, and Gleiberman Properties and Promenade apartments should be removed from the lawsuit.