Big Green Valley Posted January 21, 2011 Report Share Posted January 21, 2011 (edited) First the video.http://www.youtube.com/watch?v=OWtDpGM36J8Then, the dumb ass response.http://www.youtube.com/watch?v=AOBZmNVgOz0Now, the voice of reason.http://www.youtube.com/watch?v=ze0OuDq9keM Edited January 21, 2011 by Big Green Valley Quote Link to comment Share on other sites More sharing options...
hollywood3586 Posted January 21, 2011 Report Share Posted January 21, 2011 Bwahhahaha thats so dumb.. I mean really, u really can't see your about to walk into a fountain? Moron.. Quote Link to comment Share on other sites More sharing options...
20thGix Posted January 21, 2011 Report Share Posted January 21, 2011 A lawsuit.....really. Quote Link to comment Share on other sites More sharing options...
Meanie Posted January 21, 2011 Report Share Posted January 21, 2011 Her and her lawyer need to be held under water in that exact same fountain until they stop kicking. What a waste of air..... Quote Link to comment Share on other sites More sharing options...
gen3flygirl Posted January 21, 2011 Report Share Posted January 21, 2011 I like how she said at the end of the video that you can get hit by a bus or a car.... yeah that has happened more than OSU would like to admit. People have bitched so much that we have put up signs warning against texting and walking. What a moron though. She works in the mall, you would think she would have known it was there. Quote Link to comment Share on other sites More sharing options...
AndyJ Posted January 21, 2011 Report Share Posted January 21, 2011 But wait, she's even more of an asshat than we thought:"In the hours that followed Cathy Cruz Marrero's appearance on 'Good Morning America' today to talk about the fall and its aftermath, she was in court for a status hearing on charges of five felony counts, including theft by deception and receiving stolen property," reports ABC News.Turns out Marrero's been out on $7,500 bail since 2009, after being charged with running up more than $5,000 in purchases on a co-worker's credit card. No wonder she had a lawyer handy. Marrero's next court date is April 21, and she's facing about six months of house arrest and electronic monitoring, according to the Reading Eagle. So all y'all talking about how if she just shut up and went on with her life, nobody would know it was her in the fountain —maybe six people recognized her — are more right than you realized. While it's unknown how many people knew about her theft charges, we all sure know about it now.Article: http://technolog.msnbc.msn.com/_news/2011/01/20/5885523-texting-fountain-ladys-problems-bigger-than-youtube-fame?GT1=43001It's so impossibly stupid that it must be true. That'll teach her to try the lawsuit cash grab. Quote Link to comment Share on other sites More sharing options...
Steve Butters Posted January 21, 2011 Report Share Posted January 21, 2011 what makes it better is that shes a thief and a scam artist....shes actually out on bail right now in a case where she stole a credit card from a coworker and charged $5,000 dollars....it says shes hoping for house arrest instead of going to jaili bet she staged falling in the fountain in hopes that somebody would record it and post it ...although her attorney denies such accusations Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted January 21, 2011 Report Share Posted January 21, 2011 She'll win damages. She can't really do much about falling in' date=' but the security team dropped the ball by letting the footage reach public eyes.[/quote']I'm having trouble figuring out what the actual "damages" are? Embarrassment? She was in a public place when it happened, so the fact that the footage was public is moot Falling in a fountain is embarrassing, but not as embarrassing as farting in publichttp://www.courant.com/community/bristol/hc-bristol-fatal-stabbing-0119-20110118,0,3311130.story Quote Link to comment Share on other sites More sharing options...
Sapphy Posted January 21, 2011 Report Share Posted January 21, 2011 She is proof that we need to let the skimmer on the gene pool actually do its job. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 She'll win damages. She can't really do much about falling in' date=' but the security team dropped the ball by letting the footage reach public eyes.[/quote']how was she damaged? being embarrassed isn't a collectible "damage" in the eyes of the law. This isn't defamation - it happened. they're not lying about it. Her privacy wasn't invaded. She was on notice that security cameras monitored the mall and had no expectation of privacy.There was definitely misconduct on the part of the security staff who posted the video online, but nothing illegal. Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted January 21, 2011 Report Share Posted January 21, 2011 The entire suit is civil... there's no criminal case here as far as I'm aware. So, everything about this case is "fat check" only. And there's only so many civil charges that can be filed, and the majority of them, you as the complaintant have to show damages were incurred and what they were so the courts can "make you whole" again.Plus the whole 'punative' thing, but that's another can o' worms that I don't have enough legal experience or research to know the ins-and-outs of, though that's usually discretionary per the judge. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 That's private security footage released by the security team of her employer. If she didn't work there' date=' I'd say she didn't have a case. I am probably not right, legally speaking, but if it hadn't come out that she's a con-artist.. she would have won money. If for no other reason than, "it hasn't been done before".[/quote']If she actually works for the mall itself (the landlord), she MIGHT have a prayer pursuing that route, but she probably works at one of the stores IN the mall; not for the mall facility itself. That means she works for a tenant of the mall. Her employer doesn't employ the security team. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 What does any of that have to do with winning a civil suit? Honestly' date=' I should have said, "She'll settle and get a big fat check."[/quote']defamation is a civil suit. I say she walks away empty handed. The security company should reprimand the individuals who posted the video, denounce the behavior, and hope they don't lose any customers over it.But they don't owe the fountain lady anything. She's got no case whatsoever. It's not illegal to hurt someone's feelings or embarrass them. And thank God... Quote Link to comment Share on other sites More sharing options...
Sapphy Posted January 21, 2011 Report Share Posted January 21, 2011 defamation is a civil suit.She has done more damage to her rep with her con games then a youtube video of a grainy figure of a person falling ever could do. If she would have keep her mouth shut, we would not know who it was. Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted January 21, 2011 Report Share Posted January 21, 2011 I would surmise that the mall probably has lawyers on retainer at all times... so they're already paid to file what little paperwork is necessary to pwn this numbskull. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 ^ truth, but I'm betting the security company has deeper pockets than the fountain lady.the American rule is that you pay your own attorney's fees even if you win, so fountain lady is going to have to lay out cash just to initiate the suit. The security company will have a legal department that's used to dealing with MUCH more serious shit than this. It will be an easy (and cheap) case by comparison.A friend of mine works in the legal department for Tenable Security. I'll see if he's got any insight. Quote Link to comment Share on other sites More sharing options...
Disclaimer Posted January 21, 2011 Report Share Posted January 21, 2011 No doubt that happens, but this isn't a "he said, she said" case... it's pretty cut and dry -- or wet in this case. Quote Link to comment Share on other sites More sharing options...
sirepair Posted January 21, 2011 Report Share Posted January 21, 2011 "We intend to hold all responsible parties accountable" was the words of her "Lawyer".I guess she is so irresponsible that she doesn't have to be held accountable for her complete and total lack of intelligence... Quote Link to comment Share on other sites More sharing options...
Steve Butters Posted January 21, 2011 Report Share Posted January 21, 2011 "We intend to hold all responsible parties accountable" was the words of her "Lawyer".I guess she is so irresponsible that she doesn't have to be held accountable for her complete and total lack of intelligence...shutup bitch, dont defame her - shes going to sue your ass...im sending her your post Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 be clear on who she's suing.If she's claiming the fountain is a hazard, she's suing the mall.If she's suing because the video is online, that's the security company - not the mall itself.the bottom line is that this lady wasn't damaged. Motion for summary judgment. "the plaintiff has failed to state a valid claim." case dismissed. No lawyer in their right mind would take her case for anything other than publicity. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 The client has absolute control over whether or not they go to trial or settle.the lawyer can only advise. And I don't think there's any insurance company involved here. She's not making an injury claim. In fact, she's not making ANY claim, because she doesn't have one. Quote Link to comment Share on other sites More sharing options...
Big Chief201 Posted January 21, 2011 Report Share Posted January 21, 2011 I love Anderson Coopers response that's just awesome. Quote Link to comment Share on other sites More sharing options...
4DAIVI PAI2K5 Posted January 21, 2011 Report Share Posted January 21, 2011 Wow. just wow. Quote Link to comment Share on other sites More sharing options...
Beegreenstrings Posted January 21, 2011 Report Share Posted January 21, 2011 A lawsuit.....really.EGG-FUGGIN-XACTLY!!! she is so embarrassed about it but she was the one that A) fell into the fountain and B) brought it up across america for a lawsuit...Friggin funny! Quote Link to comment Share on other sites More sharing options...
redkow97 Posted January 21, 2011 Report Share Posted January 21, 2011 She still hasn't made any type of claim, or stated the basis for a suit.After discussing with a couple of classmates (gotta love facebook), my friend Nicki suggested "negligent infliction of emotional distress," which I agree is the most solid suit this lady has.Even then, it's very shakey.First, a claim for emotional distress usually (depends on jurisdiction) requires a physical manifestation of symptoms. So she can't just say, "i was embarrassed," she has to say, "i was so embarrassed that I worried all the time, and my hair started falling out," or she can't sleep anymore.Second, the difference between negligent infliction of emotional distress and intentional infliction of emotional distress is largely based on whether they knew she would come forward an identify herself. I think it's reasonable to assume that she would have stayed anonymous forever, and thus their actions were AT MOST, negligent. Even then, they have to reasonably foresee her "damages."I still say she walks away empty handed. The insurance company will most likely be cheap, but they do this kind of stuff ALL THE TIME - they will settle to save money, but not just for kicks and grins. Quote Link to comment Share on other sites More sharing options...
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