FWST: Patterson and TCU can't afford to settle this one

[Frog DJ]

All media have become obsessed with "clicks" and "likes."

A really high ranking CBS exec once said to me, "We are no longer in the entertainment business - we are in the content business."

Bean counters rule the world (especially media), and they don't give two dips about quality or accuracy - just the volume of content.

Mac Engle is not a purveyor of that attitude - he is a by product of it, and if he won't do it the ST will find someone else who will.

On the other hand, just because you think everyone is out to get you, doesn't mean they're not - or at least that's what the guy with the colander on his head told me...

Go Frogs!

 

[wes]

All media have become obsessed with "clicks" and "likes."

A really high ranking CBS exec once said to me, "We are no longer in the entertainment business - we are in the content business."

Bean counters rule the world (especially media), and they don't give two dips about quality or accuracy - just the volume of content.

Mac Engle is not a purveyor of that attitude - he is a by product of it, and if he won't do it the ST will find someone else who will.

On the other hand, just because you think everyone is out to get you, doesn't mean they're not - or at least that's what the guy with the colander on his head told me...

Go Frogs!

I met that guy. He made a lot of sense until he wanted to burrow under ACS and line the tunnel with lead to keep the gamma rays out

 

[Bob]

As someone who also sat in several of those pressers years ago, I think sometimes he's alot like me where he will be talking and then a different train of thought comes along, and he will veer off. So he hasn't completely answered the original question.

There's an Irish author who became famous writing the way Gary Patterson talks.

 

[Pure Purple]

Create a precedent by refusing to give this unworthy (censor) diddly-squat. His privileged free rides in

life have now been terminated.

 

[Zubaz]

Create a precedent by refusing to give this unworthy (censor) diddly-squat. His privileged free rides in

life have now been terminated.

Whatever you think about the merits of this lawsuit, it would be very silly, borderline offensive, to say that Listenbee had a "privileged free ride". Dude gave up his body for TCU football, and it very well may have cost him a career in the NFL. To say nothing of whatever other long-term damage might have been done.

That doesn't mean it was Patterson / TCU's fault or negligence, or that some of the other accusations are true, or anything like that, but let's not pretend that it didn't happen.

 

[Wexahu]

Whatever you think about the merits of this lawsuit, it would be very silly, borderline offensive, to say that Listenbee had a "privileged free ride". Dude gave up his body for TCU football, and it very well may have cost him a career in the NFL. To say nothing of whatever other long-term damage might have been done.

That doesn't mean it was Patterson / TCU's fault or negligence, or that some of the other accusations are true, or anything like that, but let's not pretend that it didn't happen.

What happened? He played football and got hurt? The line forms to the left. To say playing football and getting injured cost him a career in the NFL is ridiculous. It would have been more damaging to his career if he would have sat out the rest of the year after the SMU game. He for sure wouldn't have been drafted, and NFL GM's would have been pretty convinced he wasn't tough enough to play in the NFL.

The kid ran a 4.39 forty yard dash at the combine. Have you ever heard of a case where a kid was injured to the point where he couldn't play but could still run a 4.39 forty? Because I haven't. If he was hurt he would've sat out the combine and filed suit against TCU in 2015.

 

[Zubaz]

What happened? He played football and got hurt? The line forms to the left

I think you misunderstood me. I didn't say that it was anyone's fault, I said that he made sacrifices for TCU Football, and that shouldn't be forgotten. Seems you agree that he did. To dismiss that, or to suggest that he somehow was "privileged", seems ridiculously callous.

To say playing football and getting injured cost him a career in the NFL is ridiculous. It would have been more damaging to his career if he would have sat out the rest of the year after the SMU game.

First, I said it very well might have, not that it absolutely did. He's not like Marcus Lattimore or anything like that.

More importantly though: Sitting out after getting hurt or not aren't the only options. If he had played the season and stayed healthy, would that have improved his chances at going to the NFL? I think you'd be hard pressed to say no.

 

[BABYFACE]

Whatever you think about the merits of this lawsuit, it would be very silly, borderline offensive, to say that Listenbee had a "privileged free ride". Dude gave up his body for TCU football, and it very well may have cost him a career in the NFL. To say nothing of whatever other long-term damage might have been done.

That doesn't mean it was Patterson / TCU's fault or negligence, or that some of the other accusations are true, or anything like that, but let's not pretend that it didn't happen.

 

[Wexahu]

I think you misunderstood me. I didn't say that it was anyone's fault, I said that he made sacrifices for TCU Football, and that shouldn't be forgotten. Seems you agree that he did. To dismiss that, or to suggest that he somehow was "privileged", seems ridiculously callous.


First, I said it very well might have, not that it absolutely did. He's not like Marcus Lattimore or anything like that.

More importantly though: Sitting out after getting hurt or not aren't the only options. If he had played the season and stayed healthy, would that have improved his chances at going to the NFL? I think you'd be hard pressed to say no.

Of course, but he's suing because he played. According to his lawsuit, playing the season and staying healthy wasn't even an option. It was either sit out because he was hurt, or try and play while he was a little dinged up. I would argue that the 2nd option gave him a MUCH better shot at the NFL.

And I've made the point before, but his hardship according to the lawsuit was that it cost him his NFL career. Well, you cannot have a career in the NFL (especially as a mid-round level talent) unless you can, and are willing to, play through injuries. Do you not see the irony?

 

[Zubaz]

Again, I am not defending the lawsuit. Like you and everyone else, I think it's frivolous and the result of receiving some bad advice in search of extra money.

What I object to is calling Listenbee "privileged" or that he had a "free ride". He did not. While this lawsuit shouldn't be defended, he made very real sacrifices for TCU and that should also be remembered.

 

[Prince of Purpoole]

*tcu already made a settlement offer*

It was a go away offer but they did make it, and wisely so imo. If the thing can be canned for $150K (maybe even up to $250K) it’s a good deal

 

[Hoosierfrog]

What Muck's doing isn't vacillating, but that's close.

Mack isn’t a journalist, he’s a columnist. Big difference

Incorrect. A columnist, obituary writer, fashion writer er al are all journalists. There is a difference between a reporter and a columnist.

 

[Froglaw]

I agree with Muck, TCU should fight it. KL’s attorneys don’t deserve a frickin dime for bringing this frivolous lawsuit forward.

I would not call the lawsuit frivolous. That means no basis in Law or Facts or a reasonable exstension of existing law.

Brown v. Board of Education was considered frivolous at the time of its filing.

I understand the theory that colleges do owe a duty to its athletes to not intentionally injure them.

However, negligence is a theory involving reasonable behavior under a duty imposed by law. Such as stopping your vehicle at a red light. A physician not amputating the wrong leg. Etc.

"Were the actions of the Defendants reasonable?"

I do not think the law will impose the second standard on colleges when it comes to predicting sports injuries.

Ultimately, we all decide what is best for our own health.

I understand KL's pain and frustration, but were the Defendants' actions intentional? Of course not.

"Were the Defendants' actions reasonable?"

That is the issue KL and his lawyers want to go to trial and have answered in their favor.

Unfortunately for KL, I do not believe the Texas Courts will impose that duty upon TCU et al.

 

[Pharm Frog]

Again, I am not defending the lawsuit. Like you and everyone else, I think it's frivolous and the result of receiving some bad advice in search of extra money.

What I object to is calling Listenbee "privileged" or that he had a "free ride". He did not. While this lawsuit shouldn't be defended, he made very real sacrifices for TCU and that should also be remembered.

KL was privileged to get to play D1 athletics (two sports) at the highest level and get a full scholarship to a very expensive private college. I really don't see how that's even debatable.I object to calling a sports injury a "sacrifice".

 

[froginaustin]

*tcu already made a settlement offer*

It was a go away offer but they did make it, and wisely so imo. If the thing can be canned for $150K (maybe even up to $250K) it’s a good deal

Liked for the go-away offer part. I have no idea what the settlement value of this lawsuit might be. It wouldn't shock me one bit of the out-of-pocket cost to the TCU side, of a jury trial and then exhausting appeals reached or exceeded $250k.

EVERY lawsuit that's a claim for money has a settlement value, because of trial expense if nothing else. Mission lawsuits (Brown v. Board of Education, mentioned above, is a good example) are another matter, but this one is a claim for money not a mission lawsuit no matter what the press releases say.

 

[Double D]

Tom Mees on OTL discussing now on ESPN. I can't hear what they're saying. Live interview now. (1220pm Tuesday)