I'm interested in seeing (1) what this original (alleged) text from Punk offering to pay all of Colt's fees says; (2) what caused the falling out, as it appears to have happened before Punk (allegedly) withdrew his offer to pay for Cabana's fees; and (3) how Cabana plans to argue fraud against Punk. Without a finding of fraud, he likely won't get any punitive damages.
I know hating Punk is one of the PWD's favorite pastimes, but let's not pretend Cabana is an innocent victim here. If he had a fucking clue he'd never have been in this position in the first place.
Is that you, Dr Amann?The text, and an e-mail (apparently) has Punk saying that Cabana is "100% Covered", when Chris Amann requested that Colt take the podcast down. As well as an e-mail from the lawyers saying that Punk will cover the legal fees. Then, Punk sent him a message telling him "I've paid enough, you're on your own".
However, Colt was naive as all fuck. 1) He didn't make it abundantly clear that "These are his words and opinions, and not necessarily mine, I am merely providing the platform", and 2) He decided to "Yes, and..." like an improv comedy class when Punk was lying about somebody on a global platform, implicating himself in the case in the first place.
Is that you, Dr Amann?
Punk did lie. It was proven in court that he lied. In particular the "Baseball sized lump" that a doctor said was a "Full blown staph infection", and that he "should be dead". That was a demonstrable lie.
Video testimony of Physician’s Assistant Patrick Duffy (recorded 8/16/2017) is played.
- Duffy confirms that Punk had a fatty, sore, tender, red lump on his lower back.
- Duffy confirms treating inflammation and swelling.
- Duffy describes the procedure, that requires using a scalpel to pierce and drain the lump.
- The Jury’s eyes have begun to glaze over.
- Duffy confirms that he would have cultured Punk, but Punk refused due to lack of insurance.
- Duffy confirms the use of cortical steroid injection to treat inflammation.
- Duffy indicates there was no “central pustule” that is usually an indicator of staph or MRSA.
- Duffy claims that the lump was not “golfball” sized, or else he would’ve noted it in the records.
- Duffy says “baseball sized” definitely would’ve been noted, had it been the case. It was not.
- Duffy describes the procedure as unremarkable. None of the squirting and screaming that Punk talked about on the podcast.
- Duffy prescribed an anti-biotic [monodox], as he’s done for everything ranging from skin infections to acne.
- Duffy confirms scheduling Punk a follow-up for one week later. Punk does not go to the follow up.
- Duffy sees Punk again on 3/20/2014, Punk still has a lump but Duffy doesn’t diagnose as anything other than a benign lump.
- Punk was reportedly responding well to Monodox.
Read more at http://www.mandatory.com/wrestlezone/news/960001-960001#sH9xTM8Vco48tZ3s.99
- Duffy confirms that he wrote Punk an excuse note that mentioned possible Staph or MRSA, but the ICD code identifies that it was diagnosed as a cyst.
However, what fucked the doctor's case was that he didn't prove that there were significant damages both personally or professionally. Especially to the tune of nearly $4,000,000 which is what his attourneys were asking for.
Punk exaggerated, lied or bullshitted depending on your definition. The evidence showed that what Punk said was mostly at best an emotionally charged exaggeration.
Exaggeration - Wasn’t a baseball sized lump, wasn’t a doctor treating Punk (basically a junior assistant without med school), wasn’t spurting and nobody said it was staph that would kill Punk within a couple of weeks unless untreated.
Not enough to get the doc the money though for reasons we won’t know because your fucked up civil trial jury system doesn’t let us know why people decide how they did.
Hey @SocraticMethod is there a lack of consideration defense here? I haven’t done that part of English law for a decade. I don’t think so.
Not taking down the podcast (admitting it was illegal), not having a settlement with the WWE (and turning on Punk at rural), cooperating at trial with Punk and simply showing a joint finger to the WWE/doc seems all of things having a value to Punk. Punk seems the kind to dude to think showing a finger is of substantial value to him.
For other dudes - Consideration under ancient English law (which is also US via colonialism) means that two sides should have benefits from an enforceable contract. The courts have idiotic definitions of this - basically consideration is something of value. I’ve seen contracts where a company gets 20 years of lease of a building for literally a ‘peppercorn’. And that can hold up in court. Or maybe not.