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Man Wins Lawsuit After Parents Threw Away His “Irreplaceable” Porn Collection

by : Emily Brown on : 18 Dec 2020 08:57
Man Wins Lawsuit After Parents Threw Away His Pixabay/Shutterstock

A 42-year-old man succeeded in suing his parents after they threw away a porn collection he claims was worth $25,000.

David Werking, from Grand Haven, Michigan, moved into his parents’ home in 2016 after getting divorced.

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He later relocated to Muncie, Indiana, after which his parents delivered his belongings. It wasn’t until unpacking that he realised a dozen boxes of pornographic films and magazines were missing from the items.

BoxesPexels

Upon questioning his parents about the missing goods, David’s father, Paul, responded: ‘Frankly, David, I did you a big favor getting rid of all this stuff.’

In April 2019 David decided to sue his parents over what the judge described as ‘a trove of pornography and an array of sex toys’, and though the parents tried to dismiss the case US District Judge Paul Maloney recently granted the son’s request for summary judgment in his favour, MLive reports.

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David, his mother Beth and Paul have until mid-February to file written submissions on damages, which David contends are around $25,000. Lists of the destroyed property, cited by Detroit Free Press, included 1,605 individual titles of pornographic DVDs and VHS tapes and at least 50 sex toys and paraphernalia.

The parents’ attorney, Anne Marie VanderBroek, said she is working to establish the value of the items that were disposed of. David’s attorney, Miles Greengard, has stated that his client should receive treble damages, as is allowed under his claim of conversion of property.

Judge gavelPixabay

Greengard commented:

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We have asked the Court for treble damages, which we believe are warranted given the wanton destruction of the property.

This was a collection of often irreplaceable items and property.

Maloney found that Paul and Beth converted David’s pornography ‘to their own use’, stating: ‘As early as 1874, Michigan courts have recognised 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.’

He continued:

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.

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Porn collectionShutterstock

Before David moved into their home, Beth and Paul had reportedly told him any pornography he brought would be destroyed. They also claimed that he then abandoned the property and said he could have mitigated his losses by removing it himself.

Maloney said Paul and Beth asked David to leave and would not allow him back in when he tried to retrieve his belongings from the home, instead saying they would ship it to him.

As well as destroying some of the porn, the parents put ‘the worst of the worst’ in a safety-deposit box as they were concerned it could be illegal.

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Ottawa County Sheriff’s Department has reviewed the materials and found no evidence of child pornography.

If you have a story you want to tell, send it to UNILAD via [email protected]

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Emily Brown

Emily Brown first began delivering important news stories aged just 13, when she launched her career with a paper round. She graduated with a BA Hons in English Language in the Media from Lancaster University, and went on to become a freelance writer and blogger. Emily contributed to The Sunday Times Travel Magazine and Student Problems before becoming a journalist at UNILAD, where she works on breaking news as well as longer form features.

Topics: News, Lawsuit, Michigan, Porn, Sex Toys

Credits

MLive and 1 other
  1. MLive

    Son wins lawsuit after mom throws away his best porno mags

  2. Detroit Free Press

    Michigan parents must pay son back after purging porn collection, judge says