Gwyneth Paltrow II

[cubanitafresca]

Apr 2, 2023 9:36:13 GMT -4 Ginger said:

Unlike the plaintiff, who blamed every personal problem he's had in the past 7 years on the accident, Gwyneth limited herself to the direct impact of the accident on the ski trip.

Because she didn't get a TBI that irrevocably changed her life.

I know that the guy isn't the most sympathetic victim, but I feel bad for him. A TBI can dramatically change someone's personality and anger is very common. Some of it is because of is it because of the actual damage to the brain and some of it is because the things they used to do easily are suddenly difficult if not impossible. People can be dismissive because they look just fine on the outside - so people don't get how much things have actually changed for someone with a TBI.

[Beyle]

Apr 2, 2023 9:56:48 GMT -4 Ladybug said:

They didn’t dwell on it too much in her testimony but this trip was the first time she and Brad Falchuk’s kids spent time together. It sounded like there was a lot of emotional investment in the trip because they wanted to see if they could blend families.

I can see this because, IIRC, Gwyneth and Brad were both married to other people when their affair started. Or maybe it was just Brad who was still married at the time?

At any rate, moving forward in the relationship meant that their kids would have get to know one another. This trip would have been the right move in seeing if they could get along.

[Ginger]

Dec 30, 2015 21:40:13 GMT -4 cubanitafresca said:

I know that the guy isn't the most sympathetic victim, but I feel bad for him.

If he caused the crash, he's not the victim at all. The jury assigned him 100% of the responsibility for the collision.

It was hard with that guy because he had delusions of grandeur and I don't think that's a symptom of TBI. He blamed Gwyneth because his girlfriend dumped him, and then testified that he couldn't go on dating sites to meet someone new because he's too famous and all of the women on the dating sites know all about his case.

There was so much exaggeration on his part. His lawyers said: "Terry had been a high-functioning, active person. Every day he was doing lots of things. Meeting groups, wine tasting, skiing, volunteering. After the accident, he deteriorated abruptly and many of the activities he loved to do, he stopped doing.” He said he had become a "self-imposed recluse" who stays at home "90 percent of the time" and can't travel by himself.

And then Gwyneth's lawyers pulled photos from his Facebook page of him on thirty vacations since the accident including the Netherlands, Morocco, Belgium, Germany, France, Italy, Switzerland, Thailand, Peru and Costa Rica. And on these trips he was photographed white-water rafting, riding a camel, hiking, biking, scootering, golfing and more skiing. Any 76-year-old should be so lucky to be that active.

[Ladybug]

I wish Judge Judy had been the judge, we would've gotten a good "don't pee on my head and tell me it's raining" quip at that. She would've kept those lawyers in line too.

[prisma]

Mar 13, 2005 12:45:42 GMT -4 Ginger said:

And then Gwyneth's lawyers pulled photos from his Facebook page of him on thirty vacations since the accident including the Netherlands, Morocco, Belgium, Germany, France, Italy, Switzerland, Thailand, Peru and Costa Rica. And on these trips he was photographed white-water rafting, riding a camel, hiking, biking, scootering, golfing and more skiing. Any 76-year-old should be so lucky to be that active.

Yeah, this was the part that got me when I heard it. I would kill to be able to do half of that stuff. So after hearing this, I felt glad for Gwyneth that she was vindicated. But I don't feel bad that she got dragged on social media when the first pics of her in court appeared online looking so pinched and sallow and uptight. She has all of this money and a business empire that crafts a carefully curated image of herself that is exactly as she wants to portray herself (which is how she indeed sees herself), so seeing her look like an out-of-touch rich lady being forced to descend into the land of the plebes was still kind of fun.

Gwyneth really loves to bare her sternum but I noticed she didn't include any sternum-baring outfits in her courtroom attire.

[famvir]

Just to say, on a ski hill there is assumed risk of the participant. People lose control and ram into other people. I am always aware of an out of control snowboarder taking me out.

There is ice, and tree branches, and wet mush, and hell riders. I fall at least 5 times a day, and fall spectacularly a few times a year.

My husband got a broken clavicle when a guy accidentally pushed him off the chair left. I’ve gotten a torn meniscus after being hit by a 14 yo snowboader.

I said from the beginning that finding fault in ski accidents is a very slippery slope. Was there anything to prove that Paltrow was hit on purpose for a big payoff? Because that one dollar payment to Paltrow opens up a huge can of worms.

[Ridha]

But it doesn’t need to be ‘on purpose’ surely? The raison detre of Tort and Negligence suits as an area of law is precisely for those legal redress where someone else’s carelessness has caused them injury. If one rammed into someone else on purpose, whether on the ski slopes or off, then it would simply be straightforward Criminal assault and battery.

And yes in sporting activities there is an assumed risk. But that still assumes - and is only valid as a Tort defence when - someone playing within the rules and with a reasonable amount (that level would change according to the setting) of care. So a boxer who gets brain damage after punches or a football player who gets injured after a legal tackle would not have a case. However an illegal tackle or punches outside the rules could trigger a case.

Likewise while mush in the snow would not be the basis for a case, but a broken clavicle as a result of someone else’s mistake and/or carelessness in getting off a ski lift or indeed being hit on the slopes (eta: if the person was careless or out of control beyond the extent that was out of the norm) the would likely be the basis for a valid case. If you didn’t file one that’s to your credit that you took a taking the rough with the smooth perspective, but from a legal pov you could have.

[Ginger]

According to Sportslawexpert (don't know who that is, but he's calling himself an expert!) it's difficult to win ski collision cases because of inherent risk. You need to prove reckless negligence, and loss of control is not enough.

I think if Gwyneth had originated the lawsuit and had been asking for more than $1, the testimony would have all been different and she would not have won. But her lawyers did present evidence that Sanderson had cognitive impairment prior to the accident, and one could argue that it was reckless for him to be skiing in that condition. Dude is still out there on the slopes and if his condition is as bad as he claims, he definitely shouldn't be.

[Beyle]

Apr 3, 2023 10:22:55 GMT -4 Ladybug said:

I wish Judge Judy had been the judge, we would've gotten a good "don't pee on my head and tell me it's raining" quip at that. She would've kept those lawyers in line too.

I definitely would have watched the trial if Judge Judy had been the presiding judge.

I could see her eyes getting stuck permanently from rolling them so much.

[Laira]

That guy was so obviously a grifter. I'm glad he lost big.