Possession, Dominion, and Control: Another Reason to Kill the Lawyers

[andyfox]

SAN FRANCISCO -- The San Francisco Giants fan who caught Barry Bonds' 700th homer is being sued by another man who says he was the rightful owner of the prized ball, which he maintains was stolen from him during a mad scramble.
According to a restraining order to be filed in state court Tuesday, Timothy Murphy said Steve Williams stole the historic blast from him during a melee in the left-center bleachers at SBC Park on Sept. 17.

"Immediately after the 700 home run ball fell to the area of plaintiff's feet, plaintiff established possession, dominion and control over the ball by sitting on it and securing it with his right leg," according to the suit.

Williams said in an interview that he did not steal the ball but found it at the bottom of the heap of people.

"We all got in this pile. There were people everywhere," the 26-year-old Pacifica man said. He said he did not kick, punch or accost anybody to obtain the baseball.

"I didn't do any of that," he said.

Murphy could not be immediately located for comment. A message left with his San Jose attorneys Monday night was not immediately returned.

[Zeno]

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Possession, Dominion, and Control: Another Reason to Kill the Lawyers

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We need another reason?!! /images/graemlins/shocked.gif /images/graemlins/smirk.gif /images/graemlins/wink.gif

What will HDPM say?

Wasn't there an imbroglio about a record breaking home run ball just a few years ago?

-Zeno

[The Dude]

This lawsuit is absalutely ridiculous. Despite daily reminders of how idiotic the average person is, I am amazed that someone actually believes that by sitting on the ball a dozen+ people are scrambling for, they have ownership rights.

A license plate cover I say today describes my thoughts for this person:
YOU! OUT OF THE GENE POOL!

[ArchAngel71857]

Haven't we learned anything from Bonds' 75th Home Run ball?


-AA

[sfer]

It just reminds me of Delillo's Underworld when the kid that that guy (it's been a couple of years) sort of tussle over Bobby Thompson's HR ball. Only, that wasn't for big bucks and didn't involve lawyers. And that was made up.

[Toro]

This one's easy, doesn't require lawyers. By rule, he was down by contact and therefore should be awarded possession of the ball.

[HDPM]

An equally good case could be made for killing all the baseball fans. Their idiocy in liking baseball enough to buy memorabilia at idiot prices fuels the market which makes having something with only sentimental value, and questionable sentimental value, something worth fighting about in court. It is all very stupid.



That said, I would have no desire to participate in such a legal battle. Unless I were extremely well-compendsated at least. /images/graemlins/wink.gif

[Victor]

I think they should institute instant replay for all home run balls.

[Monkeyslacks]

The last time this happened, the legal fees and cost of expert testimony exceeded the value obtained from the auctioned ball. Made for a great discussion for my property class though!

[andyfox]

"An equally good case could be made for killing all the baseball fans. Their idiocy in liking baseball enough to buy memorabilia at idiot prices fuels the market which makes having something with only sentimental value, and questionable sentimental value, something worth fighting about in court. It is all very stupid. That said, I would have no desire to participate in such a legal battle. Unless I were extremely well-compensated at least."

Like Zeno, I too was hoping this would get your attention. My admiration for you notwithstanding, I was not expecting such a bravura riposte. Bravo, counselor.

[Boris]

Totally disagree. The unwritten law of the jungle says the ball aint yours until you can get your greedy little hands on it. If you forcibly rip the ball from some one's hands then you should be hung by your toenails. This guy who ended up with the ball is the rightful owner.

[Toro]

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Totally disagree. The unwritten law of the jungle says the ball aint yours until you can get your greedy little hands on it. If you forcibly rip the ball from some one's hands then you should be hung by your toenails. This guy who ended up with the ball is the rightful owner.

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My bad. That down by contact rule is for football.

[WDC]

I have to agree that this suit is exceptionally silly , but please remember, the fan went to the attorney. I have spent the last twelve years practicing law. I still believe it is a noble endeavor. I practice family law. Your post, although I assume is in jest, exhibits the mentality of those who accuse me and my collegues of breaking up families. Obviously the family was already in a state of disrepair before I got involved. In fact, my job, if done properly can go a long way toward preserving families (that is both parent's relationship with the children) after the divorce.

That being said, if the bozo baseball fan would have walked into my office, I would have laughed him out into the street. I agree with you about the greed and stupidity of this pair so lets publicaly riducule them to our herts delight, but let's not, even in jest, condemm an entire profession.

[andyfox]

Yes, of course, in jest. Some of my best friends are lawyers. /images/graemlins/wink.gif

My dad practiced family law and was always a good friend to the troubled people he worked with. HDPM has made a good case that we should shoot the baseball fans, not the lawyers.

[Phat Mack]

It just reminds me of Delillo's Underworld

What a great first chapter to a great book.