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Mike Peluso's law suit against Devils

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Hey I wanted to clarify/add details to what happened to my accident since I wrote my summary in a bit of a hurry before attending a conference (I am currently in TX as we speak)

- It was me, and not the lawyer assigned to my case that found out about her running a marathon and her boyfriend being her doctor.  As I said previously the  insurance assigned me a lawyer.  I thought he was a good guy and did right by me, but it was sort of obvious that his firm was one that often deals with a ton of these.  I didn't get white glove treatment, but I didn't have any expectation of such; I just wanted to get off the hook lol.

- I found out about her running a marathon in about a 5-10 minute google search.  However the part of her boyfriend as a doctor took a little bit more digging.  They both had different last names but lived at the same address.  The key was that they had a kid together living with them.  When I showed this to the lawyer he was happy and said that I saved him a bit of time.  He also later confirmed that what I found was indeed the case.

- So when I got the call from my lawyer that the suit against me was dropped, I asked him about what happened with the whole marathon and boyfriend being her doctor portion.  He said that when he brought up in her deposition about her boyfriend being her doctor, she has this weirdly roundabout but totally convincing and valid reason for why she had him be her doctor.  I didn't press him for specifics (he said it was a long story), but the lawyer even said he found it astonishing.  In regards to the marathon running, he said she pretty much had no answer.  After that I have zero idea about what happened to the case.  That was literally the last thing I know and have heard about it.  Not sure if the suit got thrown out or dropped or if she got any sort of payout.  At the time I frankly didn't care, but looking back I wish I should have pressed about this further.

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Oh and to add one more thing:  the attorney representing the plaintiff in my case was from an NJ law firm who is very well known and advertises (at least they used to.  Not sure if they do but they are still around) a ton on TV, radio and print in the NJ/NY metro area for personal injury claims.

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The lawyers your insurance company assigns...a few are really good, most are awful. Most don’t really care how good a job they do. It’s possible your guy would have looked and found it, equally possible he wouldn’t have looked. 

The key with that marathon would have been to lock her in beforehand. All the pain she has, all the things she can’t do since the accident, how it’s totally ruined her life...then WHAM. It contradicts everything she just said. There’d be no coming back from it in a jury’s eyes once that happened (you can read depositions at trial). 

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1 hour ago, mfitz804 said:

The lawyers your insurance company assigns...a few are really good, most are awful. Most don’t really care how good a job they do. It’s possible your guy would have looked and found it, equally possible he wouldn’t have looked. 

The key with that marathon would have been to lock her in beforehand. All the pain she has, all the things she can’t do since the accident, how it’s totally ruined her life...then WHAM. It contradicts everything she just said. There’d be no coming back from it in a jury’s eyes once that happened (you can read depositions at trial). 

To be fair to lawyers insurance companies assign, they serve two masters even though ethically they’re supposed to act in the best interests of the insured.

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37 minutes ago, Daniel said:

To be fair to lawyers insurance companies assign, they serve two masters even though ethically they’re supposed to act in the best interests of the insured.

Very true. But we know how that works, they protect the $$ not the client. 

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Posted (edited)
2 hours ago, DevsMan84 said:

Update:  Peluso filed a federal lawsuit against the Devils yesterday.

 

http://www.nj.com/devils/2019/01/mike-peluso-files-federal-lawsuit-against-devils-over-head-injuires.html

He has a quality firm representing him (Brendan Byrne's firm).  Still don't know if it'll get anywhere.  He's trying to plead things like fraud to get around the fact that his injuries are something that should be covered by workers comp.  Generally courts don't let you dress up other claims as fraud, and he filed in federal court which is much less plaintiff friendly than state court.

And the other thing about fraud claims is that you usually only get economic damages not any sort of pain and suffering.  He'll have a hard time arguing that he would have made a lot of money after his NHL career but for whatever head injuries he has. 

Edited by Daniel

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It will be settled. I'm not sure he should win, but I imagine he will be successful to some degree. But I wouldn't expect he'll get a lot of money. 

The interesting thing to me is, it differs from the NFL litigation in that he is claiming that his injuries are due to fighting, which while we all know is part of the game and in particular was definitely part of Peluso's game, it's still a violation of the rules of the sport. You get penalized for it and you aren't "supposed" to do it. 

Had to watch the Twist fight again and man did Peluso get rung up there. 

i would add, if they did in fact get that report and not tell him about it and didn't give him a copy, that is messed up. Whether it was the cause of his issues, I don't know. 

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Some of the quotes from the document are funny:

"Mr. Peluso went on to play in three hundred and seventeen games resulting in hundreds of additional head injuries, including concussions". 

Really. HUNDREDS of injuries in 317 games. That means, to me, at least two hundred (because its plural) head injuries in 317 games. He was in 95 fights after the report was issued. If that were accurate, which clearly it is not, he was doing something wrong. 

"Mr. Peluso received blows to his head every game and most practices". 

Really. He was hit in the head EVERY game? AND during practices too??? Again, if he's getting hit in the head at practices, he's doing something wrong. 

Also, I find it curious that he sued doctors AND the teams. If the doctors said he was fit to play, should not the teams have been able to rely on that? What the hell does Lou Lamoriello know about head injuries that exceeds the knowledge of a physician?

 

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18 hours ago, mfitz804 said:

Some of the quotes from the document are funny:

"Mr. Peluso went on to play in three hundred and seventeen games resulting in hundreds of additional head injuries, including concussions". 

Really. HUNDREDS of injuries in 317 games. That means, to me, at least two hundred (because its plural) head injuries in 317 games. He was in 95 fights after the report was issued. If that were accurate, which clearly it is not, he was doing something wrong. 

"Mr. Peluso received blows to his head every game and most practices". 

Really. He was hit in the head EVERY game? AND during practices too??? Again, if he's getting hit in the head at practices, he's doing something wrong. 

Also, I find it curious that he sued doctors AND the teams. If the doctors said he was fit to play, should not the teams have been able to rely on that? What the hell does Lou Lamoriello know about head injuries that exceeds the knowledge of a physician?

 

To be fair, Lou was a magic man with “injuries” during his cap era tenure. He might have an honorary doctorate for all we know 😉

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On 12/22/2016 at 6:16 PM, MadDog2020 said:


I'm just sad that Mike says 'I'm going to die young'. The man is 50 years old. This is tragic.

Not just young but horribly..

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