Joys of The US litigation culture - Gwyneth Paltrow trial: Actress awarded $1 and cleared of fault


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  1. #1
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    Joys of The US litigation culture - Gwyneth Paltrow trial: Actress awarded $1 and cleared of fault

    Gwyneth Paltrow has denied in court that she caused a 2016 ski collision in Utah that the man suing her says has left him with life-changing injuries.

    Terry Sanderson, 76, says the Hollywood actress caused the crash. He is seeking damages of $300,000 (£244,000).

    Ms Paltrow, 50, has countersued. She testified that he collided with her and left her feeling "hurt and violated".

    Lawyers for Mr Sanderson say Ms Paltrow was distracted by her children on the slope, and fled the crash.

    According to his civil lawsuit, Mr Sanderson suffered a lasting brain injury and four fractured ribs.

    Ms Paltrow testified in court on Friday, day four of the trial, that the crash left her with a sore knee and she got a massage afterwards.

    "There was a body pressing against me and a very strange grunting noise," she said, describing how Mr Sanderson, a retired eye doctor, allegedly crashed into her from behind on a beginners' slope at Deer Valley in February 2016.

    "Is this a practical joke. Is someone doing something perverted?" she told the court she recalled thinking in that moment.

    "He was groaning and grunting in a very disturbing way," she added.

    They fell on the ground together, and were almost "spooning", she said.

    She later clarified that she was not accusing Mr Sanderson of sexual assault.

    The Oscar winner also apologised for screaming a profanity at him after the crash.

    "After an incident like that when you feel hurt and violated, unfortunately adrenaline can take over, and emotion as well," she said, explaining her anger at the time.

    Lawyers for Mr Sanderson asked if she remembered her nine-year-old son, Moses, shouting "mommy, mommy, watch me." She said she did not recall that.

    The Goop lifestyle brand founder also denied her children had been a distraction as she skied at the upmarket Park City resort.

    "I was skiing and looking downhill as you do," she said. "And I was skied directly into by Mr Sanderson."

    Mr Sanderon's legal team sought to undermine her credibility, suggesting it was misleading to say she was suing for a symbolic $1 when she is also seeking reimbursement of legal fees, which could amount to hundreds of thousands of dollars.

    Throughout her testimony Ms Paltrow remained calm, sipping regularly on water, and even complimenting the shoes of the plaintiff's lawyer during cross-examination.

    On Thursday, a doctor testified that Mr Sanderson had previously been a "high-energy person", but "deteriorated abruptly" after the crash.

    On Friday, his daughter Shae Herath took the stand to tell the court: "This is not my dad. This is an alternate version of my dad."

    Lawyers for Mr Sanderson on Friday grilled Ms Paltrow on why she did not personally inquire if he was OK.

    She said she was too angry about the crash to do so herself, but her ski instructor had checked on Mr Sanderson. Mr Sanderson, she said, had mumbled that he was OK.

    "I did not cause the accident, so I cannot be at fault for anything that subsequently happened to him," Ms Paltrow said.

    The day's skiing - including lessons for her, her now-husband, Brad Falchuk, and four children - cost over $9,000, lawyers for Mr Sanderson noted.

    Ms Paltrow's lawyers argue Mr Sanderson is to blame for the accident and that he had several medical conditions before the collision, including vision and hearing loss from a stroke; a brain disorder that caused excessive fluid build-up; and occasional depression.

    The trial, before a jury of eight people, will continue on Monday.

    This case hinges on skiing etiquette with both parties claiming that they were the downhill skier and therefore had right of way.

    BBC


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  2. #2
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    So now people will start suing each other for bumping into each other on the street as well?


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  3. #3
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    Hearing resumes

    The court is back after lunch. Here's what it heard during Terry Sanderson's cross-examination earlier:

    When asked if he had a perfect memory of the minutes after the crash, Sanderson said the word "perfect" was so ultimate so the answer was no, it's not perfect

    Asked about an email he sent his daughters after the crash in which he said: "I'm famous", he told the court it was written by "the other personality that's inhabiting my body"

    Paltrow's lawyer put it to Sanderson that ski instructor Eric Christiansen said to his acquaintance Craig Ramone: "Your buddy took out Gwyneth Paltrow", but Sanderson said he was concussed and had no idea Paltrow was there


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  4. #4
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    Quote Originally Posted by MenInG View Post
    So now people will start suing each other for bumping into each other on the street as well?
    I think he is claiming she ' 'recklessly slammed' into him.

    I guess it will depend on the witnesses.

    Skiiing can be very dangerous esp if someone isnt being safe around you.

    The US has some great laws. I also like how they air the trial live, so everyone can judge for themselves.


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  5. #5
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    Paltrow is one of the most arrogant celebrities out there

    This isnít good press for her. She probably doesnít care, isnít going to be landing Big screen lead roles anyways now at her age

  6. #6
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    Quote Originally Posted by Rana View Post
    Paltrow is one of the most arrogant celebrities out there

    This isn’t good press for her. She probably doesn’t care, isn’t going to be landing Big screen lead roles anyways now at her age
    Im sure she will, just with roles for older women.

    But do you think she is guilty of this? From what Ive read it seems an accident.


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  7. #7
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    Quote Originally Posted by KingKhanWC View Post
    Im sure she will, just with roles for older women.

    But do you think she is guilty of this? From what Ive read it seems an accident.
    It probably is an accident

    But from what Iím reading, she is giving some pretty daft and insensitive responses whilst delivering on trial

    She said something like ďwe lost half a day of skiingĒ when asked about her losses

    The media are already out for her and she just isnít painting herself in any good light with these elitist comments in this era where white elitist supremacy is being torn to shreds

  8. #8
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    Quote Originally Posted by Rana View Post
    It probably is an accident

    But from what Iím reading, she is giving some pretty daft and insensitive responses whilst delivering on trial

    She said something like ďwe lost half a day of skiingĒ when asked about her losses

    The media are already out for her and she just isnít painting herself in any good light with these elitist comments in this era where white elitist supremacy is being torn to shreds
    Yeah these Hollywood actresses are arrogant.

    The problem with skiing is , you are told to look out for yourself due to the nature of the sport. Im not sure what 'recklessly slammed' even means in terms of the law. She claims the skier came at her, between her skis.

    Im not sure how this can be proven either way.


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  9. #9
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    Gwyneth Paltrow 'visibly upset' after ski crash, says daughter

    Gwyneth Paltrow's daughter has testified that her mother was "visibly upset" after a 2016 collision with another skier, who says the incident left him with life-changing injuries.

    The Hollywood actress' trial has heard sworn testimony from Apple Martin about the crash on a beginners' slope at the Deer Valley resort in Utah.

    The 18-year-old said her mother seemed to be in pain after the collision.

    Terry Sanderson is suing Ms Paltrow, alleging she crashed into him.

    The retired eye doctor - who says the incident left him with brain damage and broken ribs - is seeking $300,000 (£245,000) in damages.

    The Oscar winner has countersued for $1, plus legal fees.

    Apple and her brother, 16-year-old Moses Martin, had both been expected to testify in person on Tuesday.

    But time restraints imposed by the judge meant that transcripts of their previous depositions were read to the court instead.

    Neither of the teenagers - Ms Paltrow's children with her ex-husband, Coldplay star Chris Martin - witnessed the crash.

    ...
    https://www.bbc.com/news/world-us-canada-65107933

  10. #10
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    Gwyneth Paltrow awarded $1 and cleared of fault over ski crash

    Hollywood actress Gwyneth Paltrow has thanked jurors who found her not liable for a 2016 ski crash at a resort in the US state of Utah.

    Retired optometrist Terry Sanderson, 76, had said Ms Paltrow crashed into him, inflicting life-changing injuries.

    Mr Sanderson, who was seeking $300,000 (£245,000) in damages, said Thursday's verdict was "very disappointing".

    Jurors sided with Ms Paltrow, 50, who blamed Mr Sanderson for the accident and countersued for $1 plus legal fees.

    Listening to the verdict in court, Ms Paltrow was expressionless, staring straight ahead and appearing to nod slightly. She then walked out.

    As she left, she briefly stopped to speak to Mr Sanderson. He later said she told him: "I wish you well." He replied: "Thank you dear."

    In a statement posted as an Instagram story to her 8.3 million followers, the Oscar winner said: "I felt that acquiescing to a false claim compromised my integrity."

    She said she was pleased with the outcome and thanked the judge and eight-member jury for "their thoughtfulness in handling this case".

    It took the jury three hours of deliberation to unanimously find Mr Sanderson entirely at fault for the incident, and award Ms Paltrow the symbolic sum she had sought.

    BBC

  11. #11
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    What a weird trial. Seems like here actress persona won over the jury

  12. #12
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    Question for North Americans

    Does every one have a lawyer handy for any reason? Seems that the system is in place to send petty matters to court!

    See this link for ones on food!


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  13. #13
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    Quote Originally Posted by MenInG View Post
    Question for North Americans

    Does every one have a lawyer handy for any reason? Seems that the system is in place to send petty matters to court!

    See this link for ones on food!
    If you drive through highways in some urban areas, literally every second billboard ad will be about lawyers; mostly for car accidents, but also for job dismissal, divorce, medical maplractice, and so on

  14. #14
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    Quote Originally Posted by MenInG View Post
    Question for North Americans

    Does every one have a lawyer handy for any reason? Seems that the system is in place to send petty matters to court!

    See this link for ones on food!
    It's more of an American thing. I have noticed it when visiting the US too.

    They love their lawsuits.


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  15. #15
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    Quote Originally Posted by MenInG View Post
    Question for North Americans

    Does every one have a lawyer handy for any reason? Seems that the system is in place to send petty matters to court!

    See this link for ones on food!
    Itís a bit of a mess. There are ambulance chasers who hand out their business cards to people in accidents. Sometimes if you really really need representation and you are on the right but your case isnít strong, they wonít even take it. The idea is they sue for damages and recover their fees from the settlement. So they only go for it if they know they can win.

    Unlike Pakistan, lawyers here are very very very expensive and itís rare someone can afford them right off the bat. Mostly the deal is you win and you keep this much. So this sort of a setup makes it at times easy for people to get legal representation (no cost up front) and also open to frivolous law suits like this skiing accident one.
    At the same time, it makes it difficult for others to pursue their cases because they may not find any help. If you get convicted of a crime, the court can provide you with one of you canít afford a lawyer though. But thatís different from suing someone.

  16. #16
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    Surely she needs to counter sue for the half of day of skiing she lost?

  17. #17
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    Quote Originally Posted by daytrader View Post
    What a weird trial. Seems like here actress persona won over the jury
    Or maybe the retired surgeon recognised her and thought he could make himelf a nice little nest egg to continue skiing into his 80's.


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  18. #18
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    Quote Originally Posted by Rana View Post
    Surely she needs to counter sue for the half of day of skiing she lost?
    Think she wants to put an end to it

    ==

    On March 30, a jury in Park City, Utah, found Terry Sanderson "100 percent" at fault for a 2016 skiing accident involving himself and the Goop mogul. After Paltrow—who denied Sanderson's claim that she had skiied into him in a countersuit—was told that she could leave the courtroom following the verdict, the 50-year-old got up from her seat, crossed behind the retired optometrist on her way to the door and leaned in to whisper something in his ear.

    The brief exchange quickly went viral on social media, with many making memes to speculate what was said.

    So, what did Paltrow tell Sanderson? A source on site told E! News the Oscar winner said, "I wish you well."

    And shortly after her exit, Paltrow released a statement to E! News with her thoughts on her legal victory. "I felt that acquiescing to a false claim compromised my integrity," she said. "I am pleased with the outcome and I appreciate all of the hard work of Judge Holmberg and the jury, and thank them for their thoughtfulness in handling this case."


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  19. #19
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    She was awarded $1. Is that a joke?

  20. #20
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    Quote Originally Posted by sweep_shot View Post
    She was awarded $1. Is that a joke?
    She recovered legal costs and asked for a notional amount to show that she won. Nice of her.


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  21. #21
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    Everyone is a victim in US. The more oppressed, the better. But there is a hierarchy in there.

    These kinds of lawsuits are a direct result of the victim culture.

  22. #22
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    This case never made sense, she was never in any real trouble.

    It might be good publicity for her. After Depp was successful he is earning more than ever, so will she.


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  23. #23
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    There was too much evidence that he was trying to exploit and get money out of her. He deleted a video of the skiing accident he had which apparently cleared showed he was at fault. There were photographs of him being in fine shape and enjoying activities after the accident he would not have been able to do if he was truly physically incapacitated due to the accident.

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