I don't touch tort law but this baffles me. To my knowledge Kyle wasn't deposed, he only said in a videotaped interview that what he wrote was true. How do you sue an estate for something the decedent did in life when he is clearly unable to defend himself? How do you prove the "actual malice" of a dead man? Either way, Ventura is a scumsucking piece of shit, not that it took this lawsuit to prove this. The end result is that his estate (read: his widow) owes $1.8 mil, pending appeal.
You really can't trust newspaper coverage. They seldom print accurate accounts of legal cases and they have a built in bias against a finding of malice.
BBI quote of the day.
are you referring to this from Wiki? Seems like a moot point. He is a veteran...
Navy SEAL background controversy
Bill Salisbury, an attorney in San Diego and a former Navy SEAL officer, has accused Ventura of "pretending" to be a SEAL. He wrote that Ventura would be blurring an important distinction by claiming to be a SEAL when he was actually a frogman with the UDT. Compared to SEAL teams, UDTs saw less combat and took fewer casualties.[15][114]
Ventura has often implied that he was a SEAL, but has never stated it categorically. Bill Sainsbury described Ventura's Navy training thus:
[Ventura] took a screening test at boot camp to qualify for...Basic Underwater Demolition/seal (buds/s) training...Those who completed bud/s, when [Ventura] was in training, were sent to either a seal or an underwater demolition team. Graduation did not, however, authorize the trainee to call himself a seal or a udt frogman. He had to first successfully complete a six-month probationary period in the Teams.[115]
Although Ventura underwent UDT training, he never attempted the additional 26-week SEAL Qualification Training. On completion of his BUD/S training, Ventura was assigned to a UDT team. In 1983, eight years after Ventura left the Navy, the UDTs were disbanded and those operators were retrained and retasked as SEALs.[114]
Some argue that since Ventura's BUD/S training was common to UDTs and SEALs, and the work of UDTs and SEALs was similar, he is entitled to call himself a SEAL in all but name, but others disagree and hold the view expressed by Bill Salisbury.
Responding to the controversy, Governor Ventura's office confirmed that Ventura was a member of the UDT. His spokesman stated that Ventura has never tried to convince people otherwise.[15] Ventura stated, "Today we refer to all of us as SEALs, that's all it is", and dismissed the accusations of lying about being a SEAL as "much ado about nothing".[114]
Ventura is a fucking schmuck whether a veteran or not.
His appearances on Fox News are utter classics.
I believe they agreed to the split verdict because they wanted to avoid a second trial.
I believe they agreed to the split verdict because they wanted to avoid a second trial.
The media reports have said only that he claimed on video (whether that was a deposition or something unrelated wasn't clear) shortly before his death that it was all accurate.
I'm not a fan of Ventura, but that is not a correct statement. The whole story seems to be a fabrication by Kyle, and he mentioned that Ventura was the guy he beat up on mutiple occasions. The interesting aspect was that Ventura sued over the claim that he was a coward.
Yeah, I don't see it.
The multi-million dollar payout was the "main reason" for the suit.
Jesse Ventura gets laid out in a crowded bar, the police show up, and no one has ever heard the story until six years later when a book is being promoted. How likely does that seem?
This guy treated a funeral as a masquerade ball.
He's at a funeral?
Just a wild guess.
Kyle was warned about keeping the story in there. He knew enough to not name Ventura in the book. It was the interviews that caused the problem.
The story linked below will fill you in
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The bulk of the award was for unjust enrichment.
I mean, Ventura does want to stay in the public's view, no?
The bulk of the award was for unjust enrichment.
Sorry, $5-$15 million is what his attorney asked for
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And there still appears to be a factual dispute over whether or not it happened.
“I’m already damaged,” Ventura said when asked if he had hurt his reputation by seeking restitution even after Kyle’s death. “I can’t go to a SEAL reunion anymore. That was the one place where I always felt safe. I can’t go there anymore without looking over my shoulder now wondering who is going to come after me next.”
After seeking sympathy for the consequences of his own actions, Ventura reassured the audience that he has not emerged from this episode “unscathed.”
Lacking any empathy or courtesy, Ventura was asked what he planned to do with the winnings after noting that they come at the expense of a widow with two children. “Pay my lawyers,” Ventura said. His response was met with a shocked pause. “I didn’t have an insurance company paying the freight for me. I had to pay my own.”
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Quote:
Once again I don't like Ventura..but where Kyle went over the line was him claiming on repeated radio shows that this incident happened at a wake for a fallen seal and that Ventura stated "the seals deserve to lose a few" which caused the fight.
And there still appears to be a factual dispute over whether or not it happened.
Which part is in dispute?
Kyle stated this story on Opie and Anthony and named Ventura.
Yeah Ventura denies the fight, but 11 others testified the fight did occur. Problem is that their testimony was pretty inconsistent and it actually hurt the defense of the lawsuit.