HOA getting smacked down

http://www.foxcarolina.com/story/24217885/man-awarded-890000-in-mistaken-identity-lawsuit

 

Yup. I think the guy should have gotten more money than that but he seems satisfied.

 

+100

 

He'll be lucky to see a cent of that in his lifetime.

Additionally, the HOA is funded by the homeowners, so he just fucked his neighbors for nearly $900k. It's not like the actual cockbags that did this are footing the bill. :down:

 

I'm with you on this. This punishes every owner regardless of guilt, intent or actions. It may indeed be overturned on appeal. I'd wager the verdict will not stand.

 

Careful when you join an association and more careful when you elect Henny Penny the control freak to rule

 

its possible that 49% of the owners didn't vote for these BOD members.

 

hopefully, all 100% of them will learn a lesson about how shitty HOA's are and will get rid of their HOA.

 

This X eleventy billion.

 

I'd be curious to hear the basis for the $900k award.

I'm willing to entertain the idea that his reputation was actually damaged, but not to the point where it cost/hurt him $900k

As for the ordering being against the HOA, I think that's somewhat suspect too. It seems as though they knew exactly who was making the defamatory statements, and chose to go after the (perceived) deeper pockets of the HOA. That's smart legal strategy, but mildly unethical.

At the same time, I would fully expect for everyone in the HOA to sue the direct offenders to recovery any amount innocent parties are forced to pay out to the defamation victim. Joint and several liability means you pay, then you sue the people who didn't - the idea is to make the victim whole, then let everyone else sue each other over who SHOULD have paid.

 

I helped a friend move some mattresses to a new town home Saturday. Parked my truck in front on the street, unloaded, chatted for a few. When I went to leave there was a note on my truck about using the guest parking spaces not the street. I was there maybe thirty minutes if that. Lol, enjoy your new home buddy!

 

There is a lot of jobs that the accusation of being a child molester could ruin his career. Add in a small town that gossips (they all do) and it is a smear that will linger for a life time. 900K is cheap.

 

HOA is likely a corporation. The people doing the damage were doing it as agents of the corp. I'd bet the HOA also has an insurance policy that may or may not be responsible for the payout.

 

Any non-profit who does not supply Liability insurance for itself and it's Officers and Directors is foolish. Some states require O&D insurance for HOA's.

Seems to me that the guy could have a solid civil case against each and every individual who did this, in addition to the HOA. I think the HOA and the perps got off cheap.

 

I'd kill for a HOA in my 'hood.
Well, not actually "kill"...

 

"Could" is not a damage. If he actually lost out on a job, then he's entitled to damages. That's why I'm curious as to how they came up with $890k. Sounds like a lot of punitive damages.