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Friend is stuck in a truly fscked up situation *updated*

reitz

Elite Member
My girlfriend's best friend Amanda is stuck in the middle of a really sh!tty situation right now. About seven months ago, she started dating some clown who goes to school at WVU (she's in grad school in SW PA). She dated him for about a month and a half (maybe two), and broke it off with him for good after he told her one night that she's too fat to be attractive (she's not), that he was settling for her, and that she's too slutty (she's a 23 year old virgin whose wardrobe looks like it was approved by Pat Robertson).

For the next four months or so, Amanda was continually harrassed by this guy to the point that she blocked him from calling both her school number and her parents' number, changed her email address, and considered a restraining order (which in hindsight would have been a great idea). At around 4:30 AM last Friday morning, he called her from a payphone and said he was going to kill himself if she hung up on him. After arguing for several minutes, she hung up on him, and later that morning she left for her parents' for the weekend. Apparently, her ex-boyfriend recorded the phone call.

On Friday evening (about 20 hours after he called her), her ex-boyfriend tried to kill himself by mixing alcohol with a huge overdose of pills (I'm not sure exactly what he took). He's in the hospital right now, in a coma, and should be dead by the end of the week. He left the tape of the call with a suicide note, blaming everything on Amanda.

Yesterday (Sunday) afternoon, she was served with a subpoena; his family is suing her for "willful infliction of mental anguish" or some sh!t like that (I forget exactly how it was worded). Everyone is fully expecting it will be expanded to include wrongful death, once that fucker finally dies. She's being forced to disclose all of her financial records--probably so his family can fingure out exactly how much they can try to take her for.

Her ex-boyfriend's mother called her several times on Sunday and Monday, usually threatening her and telling her to rot in hell. She actually showed up twice at Amanda's apartment at school; the first time she was just verbally abusive, the second time she physically attacked Amanda and left several bruises. I told her tonight to immediately call the police and file charges against sh!thead's mother, but I'm not sure if she has yet.

The lawyer she spoke to today said she's basically fscked; she's got an appointment with another one tomorrow afternoon. She's 23 years old, and one of the sweetest people I've ever met. Now she's dealing with the guilt of an ex-boyfriend killing himself (he's not dead yet, but his liver's failing so he might as well be), the fear of being attacked/hurt by his family, and a lawsuit that will seriously hurt her whether she wins or not.

Damn...what the hell is wrong with people? I seriously hope this guy is feeling incredible pain right now. If I believed in Hell, I'd be rooting for him to wind up there once he dies. :disgust:

Update:

Sorry for the late update...I've been busy as hell this week and haven't had a chance to post.

Amanda's mother met with the second lawyer on Tuesday, and he was just a bit more optimistic 😉 On Wednesday, he was able to have the tape of the phone call thrown out. The call was placed from West Virginia to Pennsylvania. PA's wiretap law states that both parties must be aware for a call to be legally recorded, so I believe that was the reason for getting the tape tossed. I'm not sure about WV's laws, but as I understand it, PA's is the one to apply in this case (someone who knows the laws might be able to explain it better).

I found out a few days ago that Amanda had already documented the assault from the guy's mother (and took pictures of the bruises right after it happened). No charges have been filed, though; I think they're using it as leverage against the mother.

Things seem to be looking up, and no one is expecting the suit to last longer than another week or two before it's thrown out completely. Once that's taken care of, Amanda is looking to possibly file a suit of her own to recover her legal fees.

The ex-boyfriend was actually transferred to the ICU on Wednesday night (I'm not sure if he was out of the coma, but I didn't think he'd be moved to ICU if he wasn't), but his liver started failing again Thursday morning so he's back on life-support. I'm not sure what his chances are now, but Amanda's going to have far fewer problems from him in the future if he doesn't pull through, so I'm keeping my fingers crossed. Maybe he could win himself a Darwin award... 😉

 
You're right, that's truly fscked up.


<< The lawyer she spoke to today said she's basically fscked >>

Why?
 
i'm pretty shocked at your post reitz, never heard anything like this. but i don't see how she can be held acountible for him, and his mental stablility. perhaps someone with a law background could post, and tell us if these guys have any case at all.
 


<< << The lawyer she spoke to today said she's basically fscked >>

Why?
>>

I'm not sure. My girlfriend was at my apt. all weekend, so she only found out tonight and called me about an hour ago. All I know is that he said he didn't think her chances were very good. Hopefully, the lawyer she's meeting with tomorrow will be a little more optimistic.
 
WTH....how can she be resposible for his death ?


"willful infliction of mental anguish"


He was the one inflicting mental anguish on her...
She was just ignoring him...
 


<< perhaps someone with a law background could post, and tell us if these guys have any case at all. >>


For any person who thinks logically, it is clear that they (his family) have no case at all, but unfortunately the legal system doesn't always work that way it seems. 🙁
 
What did it have her saying on the tape? There will be a difference between:

"Please leave me alone! I am not interested in talking to you anymore"

and

"Get the fvck away from me motherfvcker. I hope you kill yourself and rid this planet from your menial existance."
 
ughhh, my head is starting to spin. good luck to your friend. that guy brought it upon himself...call it weeding out the crap.
 
She needs a new lawyer if he says she's screwed, because that's bullsh!t. There will be trouble ahead, but how a judge could side with the pliantiff(s), I don't know. It might depend on what she said to him in that last phone call. I hope it's not too bad.
 
Would this go to a trial with a jury ?


There is no way in hell 12 people would convict her of anything without a "reasonable" doubt....
 
Yeah. You'd think there wouldn't be a chance in the world that she'd face any trouble for this...but everyone likes to blame everyone else for their own problems these days 🙁
 
I'm not sure how they plan on using the phone recording, if she didn't know she was being recorded I don't think it will be admissable. Tell her to sign over everything she owns to family members she can trust before this goes to trial just in case. And if the mother actually threatened her, get he to file a police report. And actually, I'd file something against the guy while he is still alive too. And get a good lawyer.
 
Is there even precedence for this ??


The only thing I could find about "willful infliction of mental anguish" is
caretakers in Nursing Homes and abuse of the elderly
 


<< All I know is that he said he didn't think her chances were very good. >>

I'm not lawyer, but from the info you've given (I'm sure the whole story would fill a short novel), that sounds like a pretty crappy lawyer. Good thing she's getting a second opinion.
 
The restraining order would be a Godsend right now, wouldn't it?

🙁

When she blocked his phone numbers did she have to give a reason why she was doing it?

Does she have ANY kind of 3rd party record of what really happened?

Viper GTS
 


<< Her ex-boyfriend's mother called her several times on Sunday and Monday, usually threatening her and telling her to rot in hell. She actually showed up twice at Amanda's apartment at school; the first time she was just verbally abusive, the second time she physically attacked Amanda and left several bruises. I told her tonight to immediately call the police and file charges against sh!thead's mother, but I'm not sure if she has yet. >>


Something tells me this would seriously damage any case one could have against her. And, as someone said, depending on the state, you can't always record a phone conversation unless the other person is aware of it.
Anyway, that's whacked...best of luck...
 
reitz, you are full of cr@p. Next time come up with a story that is at least partially believeable. I would say that your post sounds like a cheap novella, except that cheap novellas are at least based somewhat on the truth.
 


<< perhaps someone with a law background could post, and tell us if these guys have any case at all. >>



Perhaps Frenchie will post in this thread. I believe he is a lawyer. (please don't swamp him for free legal advice.)
 


<< reitz, you are full of cr@p. Next time come up with a story that is at least partially believeable. I would say that your post sounds like a cheap novella, except that cheap novellas are at least based somewhat on the truth. >>



Why do you not believe him?
 
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