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A 42-Year-Old Sued His Parents And Won After They Tossed His Prized Porn

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Offline watcher1

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A 42-year-old man has won in court after he sued his parents for ‘wanton destruction of property’ after they tossed out his prized collection of adult magazines and films. The question now because what his trove of treasures was worth.

42-year-old David Werking moved in with his parents in 2016 after a divorce. He’d later move to Muncie, Indiana and the assumption was his parents would deliver all of his belongings including the ‘dozen boxes’ of adult magazines and films, some of which are irreplaceable now. He was wrong. His parents tossed out his glorious collection and the dad said he was doing David a favor! Dave’s dad would later write in an email “Frankly, David, I did you a big favor getting rid of all this stuff.”

David Werking believes his collection of rare films and magazines was worth ‘around $25,000’. That’s no insignificant amount to go missing overnight because your parents didn’t approve. David won his lawsuit and his attorney believes David should receive ‘treble damages, which is allowed under his claim of conversion of property,’ according to Mlive.

David’s attorney says this wasn’t about the content of the collection, it’s about how the valuable collection itself was “often irreplaceable items and property.” As for the legality of this win in court, here’s how it went down:

“Getting to the heart of the coconut now, the legal issue before the court is whether Paul and Beth converted David’s pornography ‘to their own use,’” Maloney wrote earlier.
In his latest ruling, he said: “As early as 1874, Michigan courts have recognized that conversion to one’s ‘own use’ was broad and could include destruction due to the converter’s ‘belief in [the destroyed item’s] deleterious effects.’”
The Michigan Supreme Court confirmed that conclusion in 2015, Maloney wrote.
“In this case, there is no question that the destroyed property was David’s property. Defendants repeatedly admitted that they destroyed the property, and they do not dispute that they destroyed the property. Therefore, the Court finds that there is no genuine dispute of material fact on David’s statutory conversion claim.” (via Mlive)

According to the report, this happened in 2017 after an “incident” where the police were called and the parents asked their son to leave the house for at least three days. He repeatedly called them on the phone and tried to retrieve his belongings, they ignored the calls and threw away his prized collection. The judge found that the parents wouldn’t allow him back to pick up his boxes and the parents were supposed to ship them to their son instead. They didn’t.

The parents claimed they told David he couldn’t bring the stuff into their home in the first place and say he ‘abandoned’ his property when he left. The judge didn’t agree. What’s wild is the parents thought some of the artifacts were so over-the-top they might’ve been illegal and instead of calling the police or destroying them they locked them up at the bank! “The parents had kept some materials, described as the “worst of the worst,” in a safety-deposit box, concerned it could be illegal.” The local Ottawa County Sheriff’s Department reviewed the items in the lockbox and found nothing wrong and no charges were filed.

According to MLive, both parties now have until mid-February ‘to file written submissions on damages’. I’m not a lawyer and I’ve never spent time in court for anything like this so I don’t know what happens after that but I assume a valuation of the lost property will be determined and then the parents will have some specified period of time to pay their son for his lost collection. Meanwhile, the dude’s out A LOT of irreplaceable films and magazines. You hate to see it.

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Online MintJulie

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If you leave sh*t at my house, I'm telling you about it exactly once.  If you don't get it in a reasonable time frame, I'm tossing it.

I don't like clutter.

If I leave sh*t at your house, toss it.

How many times have we heard about mom throwing out a baseball card collection that had a Micky Mantell rookie baseball card?  Does every mom that has done that owe their son $25000*(edit below)?   No.

You're 42 years old.  Take some responsibility.  Go get a storage unit.



(edit) I guess they're worth $2.88 million 
"Whether or not you’re a baseball card collector, you’re probably aware of the recent sale of a mint 1952 Mickey Mantle Topps baseball card for $2.88 million in Heritage’s auction."
« Last Edit: December 18, 2020, 08:20:39 PM by JingleJangleJulie »

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Offline ToeinH2O

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My mother is very religious, and I would never leave anything risqué or pornographic at her house.  Her head would explode (like these people), so I feel for him, but what the fuck did you think would happen?

I lived with my parents for a few months after my first divorce.  I found a job in another city, and left before secure housing arrangements were made.  I left a small moving “book box” in my closet that had all of my school yearbooks, fraternity photos, graduation programs, sashes, mortar boards, tassels, etc.  I left it in the closet because I thought it would be safe there.  I came home a few months later, and it was gone.  I asked my stepmother about it, and she said, “Oh that old box of junk?  We didn’t think you wanted it, so we threw it away.”

I’ve never forgiven them.



Online MintJulie

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Well those are obvious personal items and your stepmother should have used some common sense.  I'd be upset about that also.

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Offline ToeinH2O

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Well those are obvious personal items and your stepmother should have used some common sense.  I'd be upset about that also.

I think it was an intentional act designed to inflict pain.  And it worked.  I haven’t spoken with them in 22 years now.



Offline Clitical Thinking

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We would visit my grandmother for a couple of days every few weeks or months when I was little. She suggested I'd keep a few of my toys at her house, so I wouldn't have to take them back and forth every time. I kept them all nice and neat in a designated area and didn't just leave them lying around her house.

Eventually, more and more of my toys started disappearing. It turns out she got into the habit of giving them to other kids in the neighborhood, or even to visiting acquaintances that had kids my age.

'I hadn't seen you play with that in a while' (because I hadn't visited in a while)

'You were too old to still play with that' (I was seven or eight and she was talking about things like Hot Wheels and little army men)

'I'm pretty sure I gave that to you as a gift, which also means I can give it to anyone else I want' (lol)

While I wasn't the only one with whom she did that, unfortunately back then we still all had the attitude of, 'Well, she's old and she's family, which means we have to be nice to her and put up with her shit.'  :facepalm:



Offline Army of One

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Okay, opinion time.

I read that article, and one word stood out: "irreplacable." When I see that in regards to porn, I start thinking "illegal". As in, Traci Lords illegal, not...the other kind.

So, were they doing him a favour? Not sure. Best case scenario, though, still has them tossing out a lot of good legal material, but they may have saved him some potential jail time

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Offline staci

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Offline Dudester

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While I was in the military my family let some of my brother's buddies stay in my room from time to time (You're not using it). One of them stole my porn stash. Among the items taken was a rare book, printed in 1973 (it was very controversial)-replacement value today-well over 1k. I also had mags and VHS tape of a certain UA performer named Traci. About 15 years ago could have sold that to a collector (ebay was still allowing sales of her material back then)for quite a bit.