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mascan42
12-04-2007, 06:41 AM
Uh oh.

http://www.1010wins.com/Reporter-is-Suing-Opie---Anthony-for-Ear-Damage/1282228

Reporter is Suing Opie & Anthony for Ear Damage

HACKENSACK, N.J. (AP) -- A TV reporter who lives in Teaneck is suing radio shock jocks Opie & Anthony over a prank that he says left his ears ringing.

WABC-TV's Anthony Johnson was doing a live report about snow in 2005 when he says an Opie & Anthony fan waved a bumper sticker and blew an air horn.

The radio duo had recently launched an "Assault on the Media'' campaign that encouraged listeners to draw attention to their show during live news broadcasts.

Johnson says he missed two weeks of work and suffered permanent ear damage.

The suit also names the listener who carried out the prank and XM Satellite Radio.

In addition to Johnson, the lawsuit was filed on behalf of his wife, WNBC-TV reporter Pat Battle.

Furtherman
12-04-2007, 06:45 AM
I'd say he has a case on the guy who blew the airhorn, but not O&A.

mikeyboy
12-04-2007, 06:45 AM
In addition to Johnson, the lawsuit was filed on behalf of his wife, WNBC-TV reporter Pat Battle.

um...

buzzard
12-04-2007, 06:50 AM
so it begins!

http://farm1.static.flickr.com/30/36976163_c3cf18332e.jpg

Don Stugots
12-04-2007, 06:56 AM
I'd say he has a case on the guy who blew the airhorn, but not O&A.

yeah, what the hell. its not like it was a contest or something where they gave away prizes and bragging rights every month.

Death Metal Moe
12-04-2007, 06:59 AM
They're going after O&A and XM because that's where the money is.

They should just play O&A's disclaimer over and over again. They ALWAYS said "do no hurt or touch the reporters" everytime they mentioned the contest.

But the reality is XM will just settle out of court and this douche will get money.

angrymissy
12-04-2007, 07:04 AM
They're going after O&A and XM because that's where the money is.

They should just play O&A's disclaimer over and over again. They ALWAYS said "do no hurt or touch the reporters" everytime they mentioned the contest.

But the reality is XM will just settle out of court and this douche will get money.

This "douche" at LEAST deserves something from the guy that blew that airhorn into his ear, causing damage. How is it the reporter's fault?

Also, isn't the whole posting comments as Steve from Yellowstone on news sites pretty f'ing played out...

I think this radio show is Juvenile and Childish, really who would find these sort of hyjinxs funny?

RRRRRAAAAMMMMOOOONNEEE, bring me a Hearing aid.

FFRRRRRRRRRRRUUUUUNKISSSS!

Arch Stanton
12-04-2007, 07:04 AM
Moe, not if the guy has money, then he will go the distance I would think.

Death Metal Moe
12-04-2007, 07:06 AM
This "douche" at LEAST deserves something from the guy that blew that airhorn into his ear, causing damage. How is it the reporter's fault?

It's not his fault, he's a douche for just doing this for money instead of suing the one person responsible for his own actions.

JPMNICK
12-04-2007, 07:07 AM
this is going to get interesting. I always am interested to see how these cases turn out. I always feel like with the right lawyer and judge, this guy can get millions

angrymissy
12-04-2007, 07:13 AM
Taking a look at this unbiased, if I was not a fan of any of the shows and didn't even know they existed:

If I was minding my own business at work being a secretary, and someone popped up behind me and blew an airhorn into my ear unprovoked, and I found out the reason it happened was because 2 radio hosts were asking people to interfere with my job as a gag, and it caused permanent damage, I'd be pretty pissed and might end up suing anyone involved.

Now, did O&A start airing the disclaimers about not touching or getting to close to the reporters before or after this happened? That will probably make a difference in whether or not they'd be liable.

This guy most likely isn't hurting for cash, he is a reporter isn't he? He's probably mad pissed that someone blew an airhorn in his ear for no reason and wants some kind of legal vindication.

On Wackbag, they're already insinuating he's suing because he's black and wants some free cash.

jauble
12-04-2007, 07:15 AM
If he is not asking for too much cash XM will most likely do this before it gets to court. I do wonder what has happened in this guys life that made him wait this long to get this thing going. I do remember (or perhaps im just making things up) O&A talking about this and saying that this was not what the AOTM was supposed to be. I do think that the court may be able to find against the program because they didnt tell him to do this but it could be seen as inspiring him to do this so thats why they would settle this one.

Death Metal Moe
12-04-2007, 07:16 AM
On Wackbag, they're already insinuating he's suing because he's black and wants some free cash.

I know, I saw that too. LOL!

I love those guys.

MadMatt
12-04-2007, 07:19 AM
Taking a look at this unbiased, if I was not a fan of any of the shows and didn't even know they existed:

If I was minding my own business at work being a secretary, and someone popped up behind me and blew an airhorn into my ear unprovoked, and I found out the reason it happened was because 2 radio hosts were asking people to interfere with my job as a gag, and it cause permanent damage, I'd be pretty pissed and might end up suing anyone involved.

Now, did O&A start airing the disclaimers about not touching or getting to close to the reporters before or after this happened? That will probably make a difference in whether or not they'd be liable.

This guy most likely isn't hurting for cash, he is a reporter isn't he? He's probably mad pissed that someone blew an airhorn in his ear for no reason and wants some kind of legal vindication.

On Wackbag, they're already insinuating he's suing because he's black and wants some free cash.

The disclaimer not to touch or harm the reporters had been in place since the start of the "bit."

Of course that might not mean too much in legal-land, other than shifting most of the blame to the douche who blew the horn. O&A will probably still be found culpable though.

angrymissy
12-04-2007, 07:20 AM
If he is not asking for too much cash XM will most likely do this before it gets to court. I do wonder what has happened in this guys life that made him wait this long to get this thing going. I do remember (or perhaps im just making things up) O&A talking about this and saying that this was not what the AOTM was supposed to be. I do think that the court may be able to find against the program because they didnt tell him to do this but it could be seen as inspiring him to do this so thats why they would settle this one.

One of the articles I read today said they were waiting for the criminal case to be determined regarding the "pest" who actually blew the horn in his ear.

Maybe he didn't find out he had permanent damage until recently.

I'd guess permanent ear damage is no joke if your profession is being a reporter.

jauble
12-04-2007, 07:21 AM
One of the articles I read today said they were waiting for the criminal case to be determined regarding the "pest" who actually blew the horn in his ear.

Maybe he didn't find out he had permanent damage until recently.

I'd guess permanent ear damage is no joke if your profession is being a reporter.

what Im sorry missy...I couldn't hear you

underdog
12-04-2007, 07:22 AM
Now, did O&A start airing the disclaimers about not touching or getting to close to the reporters before or after this happened? That will probably make a difference in whether or not they'd be liable.

The disclaimer was always there.

They actually stopped the competition all together once this happened.

angrymissy
12-04-2007, 07:30 AM
The disclaimer was always there.

They actually stopped the competition all together once this happened.

Yeah, I couldn't remember when they stopped it, or when they started the disclaimers. I wonder if a disclaimer like that can legally protect them... was probably run through XM Legal?

I'm not saying O&A deserve to be sued, I'm saying I can kind of understand why the guy might do it. He's probably pissed and wants to take out everyone even remotely involved.

O&A aside, I hope the douche who blew the airhorn in this guys ear gets taken for every penny. Unbelievable that an adult would do something that irresponsible.

Furtherman
12-04-2007, 07:41 AM
yeah, what the hell. its not like it was a contest or something where they gave away prizes and bragging rights every month.

You know an airhorn is going to hurt. People tell people to do stuff all the time, it's how you go through with it that will be judged. Using the airhorn was just stupid.

DolaMight
12-04-2007, 07:51 AM
The disclaimer was always there.

They actually stopped the competition all together once this happened.

something tells me this will come down to XM's defence saying they had a disclaimer and the P-Battle prosecution saying that the completion was called "Assault on the Media" and the victim was assaulted. It will be up to the judge to decide which one statement carries more weight. Not an open and shut case, just don't understand why it took 2 years to file a case.

Gvac
12-04-2007, 07:53 AM
Whoever pulled this stunt should be locked up just for being a mental patient.

If anyone ever blew out my ear drum they might not make it to court.

TheMojoPin
12-04-2007, 09:31 AM
I really wih the reporter had crushed that guy's throat with a well-placed thrown 'bow.

XM will likely settle this out of court, so good for him.

S0S
12-04-2007, 04:53 PM
... but not unbiased about ...

becoming? Honey I've been working in a civil court for almost 10 years .... becoming has long since come & gone. It's the new way of making money without having to work for it.

I doubt race has anything to do with it, but.....

Here are the litigants:

Defendants:
Gregg Hughes = White
Anthony Cumia = White
John D. Walton = White

Plaintiffs:

http://img146.imageshack.us/img146/8287/patbattleax2.jpghttp://img146.imageshack.us/img146/6938/anthonyjohnsonub5.jpg

Well...To me, O&A are in on it...XM is in on it...It was a radio bit...Of course they are responsible.

But it is no big deal...Someone got hurt, O&A and XM pay....Cost of business of bits that may get out of control.


It's funny I'm reading this while waiting to go over a Torts I practice final here at law school . . . . Here is the offical Case Summary of all Claims and Defenses straight out of my Outline:


They might suing Opie and Anthony under "concert of action," which according to the Restatement of Torts states is "a person acts in concert with a common goal, knows the other's conduct is a breech of a duty and gives assistance or encouragement for the other person to breech the duty." It also matters the nature of the act, the amount of assistance, the relationship between the parties, where the helper was at the time, etc.

It seems like this cause of action would probably fail since O and A specifically told them not to harass or hurt the reports, so they were not acting towards the common goal (blowing the air horn) and they did not know or want and specifically told listeners not to breech a duty.

Also, Radio Shock Jocks talking to Millions of people every day I do not think counts as a proper "relationship between the parties," although I would think that talking about it on the radio IS encouragement for this general type of behavior but it is not direct instructions or help to do this exact tortous conduct.


COUNT TWO: They are probably bringing Negligence against O and A for there own acts - creating the general risk of injury to a reporter by encouraging people to bother the reporters. For this the plaintiff will have to proof that there "assault on the media" campaign was a "but for" cause (which it is, but for the assault on the media campaign this dummy woudln't have done it) as well as a proximate cause.

For a proximate cause the harm must have been a foreseeable result of the plaintiff's behavior. The "airhorn" itself does not have to be foreseeable, just any injury to a reporter. This cause of action has a much better chance of succeeding.

That is why they are suing O and A . . . it is by no means an open and shut case for either the plaintiff or the defendants. XM is being sued under "respondeat superior," that is vicarious liability for the tortous conduct of their employees while acting under their employment.

I'm no lawyer but I would imagine there would have to be some pre-existing condition. If this guy did radio on his way up, he'd could have hearing loss like Opie complains about. Rush Limbaugh has even commented on how bad his hearing is.

Also, I'm sure he had an earpiece in at least one of his ears to hear his cue which would lessen the severity of the air horn blast.

As a reporter he's probably been exposed to lots of high decibel situations. Police sirens, rock concerts, jets taking off at airports, etc.

An air horn is usually between 100 to 120 decibels. I found this chart and it looks like he would have had to be exposed to it for longer than the few seconds to have permanent damage.

http://i184.photobucket.com/albums/x265/scottcal92555/hearingchart.jpg

Just Jon is just going to love this...

angrymissy
12-04-2007, 05:24 PM
So? What are you trying to say? Wow, O&A are white and they're black. Whoopdeedoo. Oh yeah, I forgot, all black people just want to steal from the whites.

That hearing chart is garbage... no one can predict what kind of damage can happen, it's different for every person. That's probably what they say in the yellow "DISCLAIMER" link in the picture states. Are they taking into effect that the air horn was placed right by his ear? That's not exactly typical exposure.

angrymissy
12-04-2007, 05:26 PM
Say what you want about whether or not O&A should be sued, but attacking the person that had a fucking airhorn blown directly in his ear is bullshit.

S0S
12-04-2007, 07:53 PM
How are the media and others going to play it out?

Which is reinforced by the expert.

Why is he suing O&A and XM as well?

Which is illuminated by the lawyerese.

Why did he take 2 years to sue if his condition was so severe?

Which is questioned by the chart.


Lots more things are being said as well but inter-quoting is frowned upon.

And you are right; personally attacking the victim, if he or she is the victim is wrong. Sometimes it is not black and white; Sometimes the attacker claims to be the victim.

scottinnj
12-04-2007, 07:53 PM
Maybe he didn't find out he had permanent damage until recently.




The Doctor finally spoke loud enough for him to find out.

Chris from TX
12-05-2007, 01:52 AM
I hope this 'Pat Battle' leaves the boys unscathed.

MikeB
12-05-2007, 02:46 AM
This guy is just a sterm zombie. The court needs to get rid of the haters.

angrymissy
12-05-2007, 08:39 AM
How are the media and others going to play it out?

Which is reinforced by the expert.

Why is he suing O&A and XM as well?

Which is illuminated by the lawyerese.

Why did he take 2 years to sue if his condition was so severe?

Which is questioned by the chart.

The "Expert" in question is someone who works at a court. What exactly does she do at the court? I'm a secretary at a Pharma company, does that mean I'm fit to offer you expert advice on drugs?

And again, if you do research on the internet, you can tell that chart is BS. They have so many tests to determine hearing loss, including one that blows air into the ear to determine if the eardrum is ruptured, that there is going to be tons of medical evidence.

Why would a successful reporter file a lawsuit just for cash? Oh yeah, because they're black, right?


And you are right; personally attacking the victim, if he or she is the victim is wrong. Sometimes it is not black and white; Sometimes the attacker claims to be the victim.

Holy shit, are you that fucking brainwashed? It was caught on tape! The guy blew an airhorn right into his fucking ear!

As for O&A's involvement, they had, prior to this incident, said that people needed to "step it up" to win the contest, and specifically mentioned airhorns, so who knows how that will play out.

TheMojoPin
12-05-2007, 09:09 AM
No, it was a brilliant idea, and totally not their fault at all.

Just like they had nothing to do with encouraging or not stopping that couple from having sex in St. Pat's. Nope, totally not their fault.

Bottom line, their show is the genesis of both of these incidents. That makes them and the parent company liable.

angrymissy
12-05-2007, 10:06 AM
What would the response be if this was a Stern fan who did it to a reporter?

I'm sure it would be very, very different.

Knowledged_one
12-05-2007, 10:09 AM
Missy,

This isnt early 2000's and the stern vs. O&A war is so far gone from people's memory i dont think it mattered who the fan was representing show wise

I mean really is Stern really that relevant anymore anyway, Howard K. Stern from the Anna Nicole case has gotten more burn in the public eye this year then hoo hoo

I seriously doubt this is a Stern/O&A thing

A.J.
12-05-2007, 10:09 AM
What would the response be if this was a Stern fan who did it to a reporter?

Probably "Howard invented this bit."

NortonRules
12-05-2007, 10:27 AM
He should definitely sue the dummy who did it, but O&A had nothing to do with it. They didn't tell him to use that device. Only an absolute idiot would do that to another person and not expect to get sued.

TheMojoPin
12-05-2007, 10:48 AM
He should definitely sue the dummy who did it, but O&A had nothing to do with it. They didn't tell him to use that device. Only an absolute idiot would do that to another person and not expect to get sued.

Oh, please. No, they didn't specifically tell him to do exactly what he did, but it was their show that told their fans to "step up" their "attack on the media" and suggesting that they use airhorns. Yeah, man, this guy totally would have done this anyway if it wasn't for O&A. He was just a ticking airhorn-in-the-ear time bomb waiting to go off.

badmonkey
12-05-2007, 11:11 AM
Oh, please. No, they didn't specifically tell him to do exactly what he did, but it was their show that told their fans to "step up" their "attack on the media" and suggesting that they use airhorns. Yeah, man, this guy totally would have done this anyway if it wasn't for O&A. He was just a ticking airhorn-in-the-ear time bomb waiting to go off.

http://www.dialbforburbank.com/shadow_poster_t.jpg

angrymissy
12-05-2007, 12:05 PM
Missy,

This isnt early 2000's and the stern vs. O&A war is so far gone from people's memory i dont think it mattered who the fan was representing show wise

I mean really is Stern really that relevant anymore anyway, Howard K. Stern from the Anna Nicole case has gotten more burn in the public eye this year then hoo hoo

I seriously doubt this is a Stern/O&A thing
I not saying its a Stern O&A thing (and the Stern hate is def still there on wackbag)

I'm saying, if this was a Stern fan that did this to a reporter, I can guarantee the general consensus of rabid O&A fans would be "SUE HOWARD! HIS FAULT! TAKE HIM FOR ALL HE'S WORTH", rather than "The n is faking it, he doesn't deserve shit"

DarkHippie
12-05-2007, 01:05 PM
I blame E-rock

TheMojoPin
12-05-2007, 01:14 PM
I blame Iraq.

booster11373
12-05-2007, 01:42 PM
Can we somehow get Earl to take the heat on this one, because unless he is fired he ain't never leaving

lleeder
12-05-2007, 02:06 PM
Here comes the brand new flava in ya ear,

underdog
12-05-2007, 02:38 PM
Here comes the brand new flava in ya ear,

I think that might be the first Craig Mack reference I've seen on ronfez.net.

Tenbatsuzen
12-05-2007, 04:34 PM
joke got fucked up, n/m

conman823
12-05-2007, 07:21 PM
Say what you want about whether or not O&A should be sued, but attacking the person that had a fucking airhorn blown directly in his ear is bullshit.

No don't you know? Its funny!! Just like "it's only because he's black", HYSTERICAL!!

Wackbag is going to take the "high road" as always, maybe they will break their radios in front of the court house to show support.

Fact is anybody would sue if it was them, I would and I ain't black. and can we not post pretentous "Law Student" quotes, there's enough Lawyers waiting tables that we don't need there opinion.

conman823
12-05-2007, 07:31 PM
He should definitely sue the dummy who did it, but O&A had nothing to do with it. They didn't tell him to use that device. Only an absolute idiot would do that to another person and not expect to get sued.

If not for O&A, he would not have been out there.

They did promote everyone to STEP IT UP thats a fact.

Once again a funny little bit turned ugly for these guys. It wasn't enough to see some idiots behind a reporter yelling O&A and holding up signs, no it had to go to the next level.

Recently Opie was muttering to himself on air that everyone says "hes self destructive", well here it is.

ralphbxny
12-05-2007, 07:36 PM
Lawyers stink....present company excluded of course!

mikeyboy
12-05-2007, 08:05 PM
present company excluded of course!

thank you

PapaBear
12-05-2007, 08:07 PM
Lawyers stink....present company excluded of course!

thank you
Not YOU!!!

S0S
12-06-2007, 08:16 AM
The Doctor finally spoke loud enough for him to find out.

Such hearing loss is evident before 2 years. :innocent:

I hope this 'Pat Battle' leaves the boys unscathed.

So do I.:thumbup:

This guy is just a sterm zombie. The court needs to get rid of the haters.
Not everyone who dislikes O&A are "stern zombies"... :laugh:

The "Expert" in question is someone who works at a court. What exactly does she do at the court? I'm a secretary at a Pharma company, does that mean I'm fit to offer you expert advice on drugs?
Depends on what you do. There are a lot of under-paid secretaries who do much more than type and answer phones.


And again, if you do research on the internet, you can tell that chart is BS. They have so many tests to determine hearing loss, including one that blows air into the ear to determine if the eardrum is ruptured, that there is going to be tons of medical evidence.

We don't know if the eardrum is ruptured. It took 2 years for him to sue after seeing a doctor initially. There could be other causes and there could be pre-existing causes if there is any hearing loss.

FYI such hearing loss is very evident by the person with it.
Why would a successful reporter file a lawsuit just for cash? Oh yeah, because they're black, right?
I guess I know where this is coming from and it is racist dark jokes.

Holy shit, are you that fucking brainwashed? It was caught on tape! The guy blew an airhorn right into his fucking ear!

As for O&A's involvement, they had, prior to this incident, said that people needed to "step it up" to win the contest, and specifically mentioned airhorns, so who knows how that will play out.

No, I would be stupid to admit to any wrong doing by that independent acting person. Why? Because given the current climate of hatred of "shock jocks" and "corporations", XM will have serious hurdles to face if there is a legitimate grievance and it won't help O&A if there is a legitimate grievance that can be proven beyond a reasonable doubt.
:smoke:

No, it was a brilliant idea, and totally not their fault at all.

Just like they had nothing to do with encouraging or not stopping that couple from having sex in St. Pat's. Nope, totally not their fault.

Bottom line, their show is the genesis of both of these incidents. That makes them and the parent company liable.

Nothing said on air was technically fine-able by the FCC.

Mercurio was known by the boys; The person who blew the horn was acting independently on his own initiative who did not have to do anything for them.
:bye:

What would the response be if this was a Stern fan who did it to a reporter?

I'm sure it would be very, very different.

We know of most of the Stern fans who would do such a thing because they have such a small amount that would do such a thing it would be very easy to attack them with what we know of them.

There is also somewhat of a professional (and sometimes nasty:furious:)rivalry among a group of O&A and Howard listeners and they regularly troll after any signs of weakness.

:dry:
Missy,

This isnt early 2000's and the stern vs. O&A war is so far gone from people's memory i dont think it mattered who the fan was representing show wise

I mean really is Stern really that relevant anymore anyway, Howard K. Stern from the Anna Nicole case has gotten more burn in the public eye this year then hoo hoo

I seriously doubt this is a Stern/O&A thing

We let Stern fans on if they don't troll into non-stern threads. There are people who don't care and some that like(d) stern, including some mods, so there. Once again, it is not so black and white.
:tongue:

Probably "Howard invented this bit."

Tell them Fred, I invented everything. :lol:

He should definitely sue the dummy who did it, but O&A had nothing to do with it. They didn't tell him to use that device. Only an absolute idiot would do that to another person and not expect to get sued.

Since the plantiff's lawyers will play it out that the independent person who may have done such an act was doing so necessarily because of by O&A on XM, so it might affect them as well if there is a judgment. :nono:


Oh, please. No, they didn't specifically tell him to do exactly what he did, but it was their show that told their fans to "step up" their "attack on the media" and suggesting that they use airhorns. Yeah, man, this guy totally would have done this anyway if it wasn't for O&A. He was just a ticking airhorn-in-the-ear time bomb waiting to go off.

O&A suggested several things but independent people had the choice to do what they wanted to do if they wanted to get involved at all.
:smoke:
I blame E-rock
I blame Iraq.
I blame the whites.

Can we somehow get Earl to take the heat on this one, because unless he is fired he ain't never leaving

Earl is the new 'heel' of the Ron and Fez show. :wallbash:

Here comes the brand new flava in ya ear,

I think that might be the first Craig Mack reference I've seen on ronfez.net.

joke got fucked up, n/m

No don't you know? Its funny!! Just like "it's only because he's black", HYSTERICAL!!

Wackbag is going to take the "high road" as always, maybe they will break their radios in front of the court house to show support.

Fact is anybody would sue if it was them, I would and I ain't black. and can we not post pretentous "Law Student" quotes, there's enough Lawyers waiting tables that we don't need there opinion.

It explains some ways the plantiff will try to prove a possible connection with such a person acting independently.:happy:

If not for O&A, he would not have been out there.

They did promote everyone to STEP IT UP thats a fact.

Once again a funny little bit turned ugly for these guys. It wasn't enough to see some idiots behind a reporter yelling O&A and holding up signs, no it had to go to the next level.

Recently Opie was muttering to himself on air that everyone says "hes self destructive", well here it is.

An independent person under his own initiative on his own time did not necessarily have to do what he did.

It was an unforeseeable act that a brief use of an airhorn could possibly hurt someone given its regular use at sporting events.
:bye:

Lawyers stink....present company excluded of course!

Not YOU!!!

TheMojoPin
12-06-2007, 08:48 AM
So you're basically saying he was likely to do this without the show?

Look, I don't think anyone here wants them fired or suspended for this, and that's not likely to happen...their company is gonna have to pay a little scratch becase of a stupid radio bit that wasn't well thought-out at all. You simply cannot have the fan involvement that a show like O&A's does and then suddenly cry "foul" and say the show is totally seperate from the actions of the fans when something goes wrong when someone is doing something that was all but suggested on the air.

"Step up the attacks on the media"...."hey, air horns are a good idea"..."OH MY GOD, THIS WAS TOTALLY RANDOM AD HAD NOTHING TO DO WITH THE SHOW."

Bulldogcakes
12-06-2007, 03:44 PM
SOS, please don't ever do that again. Pretty please.

Doogie
12-06-2007, 05:34 PM
I m surprised no one pointed out the fact that O and A didnt get suspended over this incident where a human being was injured. But a homeless guy says something bad about the Secretary of State and they get a thirty day 'vacation.'

To the case in point, I have to say that O and A do have some liability for this. The guys interrupting the news casts were funny. I have to admit that I laughed my ass off at some of the things these guys did. But it was almost like breeding a rioutous atmosphere, a few people did some gags. Then other needed to 'one up' that. The next thing we know people are blowing air horns to 'step it up.'

Opie did say a lot of the times that people did need to step it up, BUT he also said 'not to be stupid. Dont touch the reporters, and dont be stupid.' No it doesnt exonerate them entirely, but it does show that they were exercising some broadcasting responsibility. How that plays out with the lawsuit, only time will tell.

And anyone surprised that it took this long to get to court, remember the courts needed to get out of the way the lawsuits of people saying "donuts made me fat" or "TV made me dumb." It took the OJ case, what, a year before it made it to trial.

conman823
12-06-2007, 07:11 PM
It explains some ways the plantiff will try to prove a possible connection with such a person acting independently.

An independent person under his own initiative on his own time did not necessarily have to do what he did.

It was an unforeseeable act that a brief use of an airhorn could possibly hurt someone given its regular use at sporting events.

He was NOT an independent person, he was there under instructions from a radio show contest.

It was NOT an unforeseeable act because they said Air horns would be funny, and it was a contest called Assault on the Media.

Either way the company will pay, and rightly so. :smile:

TheMojoPin
12-06-2007, 07:18 PM
Opie did say a lot of the times that people did need to step it up, BUT he also said 'not to be stupid. Dont touch the reporters, and dont be stupid.' No it doesnt exonerate them entirely, but it does show that they were exercising some broadcasting responsibility. How that plays out with the lawsuit, only time will tell.

My argument would be that telling your fans to "attack/ambush" the media is inherrently stupid in the first place. And this guy showed that "touching" the reporters wasn't necessary to hurt them.

KnoxHarrington
12-06-2007, 07:23 PM
So you're basically saying he was likely to do this without the show?

Look, I don't think anyone here wants them fired or suspended for this, and that's not likely to happen...their company is gonna have to pay a little scratch becase of a stupid radio bit that wasn't well thought-out at all. You simply cannot have the fan involvement that a show like O&A's does and then suddenly cry "foul" and say the show is totally seperate from the actions of the fans when something goes wrong when someone is doing something that was all but suggested on the air.

"Step up the attacks on the media"...."hey, air horns are a good idea"..."OH MY GOD, THIS WAS TOTALLY RANDOM AD HAD NOTHING TO DO WITH THE SHOW."

I agree with this totally. O&A should be as aware as anyone what animals are in their audience, and shouldn't encourage shit like this at all. I'd start working on the settlement now to try to end it before the merger is finished and Mel sits down and starts reviewing everyone's contracts.

And, besides, they should know if you wanna blast an airhorn in someone's ear, just use a producer.

NewYorkDragons80
12-10-2007, 12:48 PM
I'd say he has a case on the guy who blew the airhorn, but not O&A.
Before O&A - functioning ears
After O&A - ears broken

As much as I'd like to just blame the guy, O&A deserve SOME of the burden

Furtherman
12-10-2007, 01:21 PM
Before O&A - functioning ears
After O&A - ears broken

As much as I'd like to just blame the guy, O&A deserve SOME of the burden

Before the guy blew the airhorn in his ear - functioning ears
After he blew the airhorn in his ear - ears broken


Common sense dictates that you do not blow an airhorn in someone's ear.

db.eden
12-11-2007, 01:34 PM
that stupid tv fag has no ground to stand on o&a should send master poo to beat the reporters ass and then he could have his day in court butt intill then he should go sux a fat cock

Gvac
12-11-2007, 01:38 PM
that stupid tv fag has no ground to stand on o&a should send master poo to beat the reporters ass and then he could have his day in court butt intill then he should go sux a fat cock

YEAH!


:blink:

Furtherman
12-11-2007, 01:40 PM
Wait until his parents find him on that there computer. They 'unt gonna be happy.

mikeyboy
12-11-2007, 01:46 PM
I'm sure his teachers are proud.

angrymissy
12-11-2007, 02:23 PM
Master Poo :clap:

NewYorkDragons80
12-11-2007, 02:37 PM
Missy, is Pronto a Westie?

angrymissy
12-11-2007, 03:16 PM
Pronto is an American Eskimo Dog

CofyCrakCocaine
12-11-2007, 09:30 PM
I find the allegations that this is all racially motivated just as repugnant as the Sharpton zombies whining about Imus or that Neal Boortz fuckstick and the NOW lady who tried to string up O&A awhile ago for Homeless Charlie's comments. Rip your fucking eyes out your skull if different colored skin upsets you so much, then you won't get so angry anymore.

If someone blew an airhorn on me and damaged my hearing, he'd better goddamn well expect repercussions of the fiscal or fisticuffs variety. I'm bigoted against jackasses. O&A stopped the Assault on the Media because they knew they were culpable for their listeners for getting stupid and going too far. So much for the argument that O&A had no responsibility for that thing... if they had no responsibility, I'd imagine they'd have said as much and continued on with the promotion.

It's like when you decide to get a retard involved with a pillow fight. Eventually someone's going to be suffocated while Tardy is going "I love you Gummi Bears!!". It's not a good idea. And you will get in trouble for starting the whole fracas.

conman823
12-11-2007, 11:11 PM
It's like when you decide to get a retard involved with a pillow fight. Eventually someone's going to be suffocated while Tardy is going "I love you Gummi Bears!!". It's not a good idea. And you will get in trouble for starting the whole fracas.

:lol:

NewYorkDragons80
12-12-2007, 04:23 PM
Pronto is an American Eskimo Dog
In that case, tell Pronto the feeling is mutual

angrymissy
12-12-2007, 05:16 PM
In that case, tell Pronto the feeling is mutual

He just snarled in disgust