Eddy Encarnacion facing battery / STD lawsuit

[blayze]

$11.5M... damn, now he'll definitely be looking for a max contract.

http://www.tmz.com/2016/08/22/mlb-st...d-allegations/

[Eskimo Brother]

As with the Kane allegations and everything, I'm also not going to raise an opinion, and wait until we have all the facts. Hopefully this can be settled quickly though.

[trudy]

It's better to hear Edwin's side too before I give comment.

[NikW71]

Got STD's from 4 wheeling or swimming in the river?? That's priceless Edwing! Almost as good as one of Jerry's girlfriends on Seinfeld getting an STD from sitting on a tractor lol!!

[The Comish]

Yeah, it sure sounds like he knew he has at least one STD and knowingly had unprotected sex. Now, she just has to find (subpoena?) his medical records and bam, instant millionaire(-ess?). So the moral of the story is, if you're going to have unprotected sex, make sure your partner is loaded, right partners of Charlie Sheen? People are the worst.

[The Bottlenecker]

Right or wrong, legal or not, how much does this hurt EE's big money payday in trying to secure a contract next year? Worse, how much of a distraction does this become to the Blue Jays down this very important part of the season?

[2014olympicgold]

She had gone to a planned parenting clinic in 2015 and that’s her baseline that says she was STD free before their Feb 2016 hookup. She sounds like a classy lady.

But with stuff you never know who’s the one telling the truth. But I feel like if EE is innocent or guilty, this will just go away.

[havanablast21]

I knowingly or unknowingly contract an STD and in the same fashion, infect a willing/concentual partner. Does that mean I'm on the hook for 11 million?

Just questioning the sought out retribution in this case vs a run of the mill Joe like me (no... I do not have an STD... except for this rash type thing...itches like hell!)

[blayze]

I knowingly or unknowingly contract an STD and in the same fashion, infect a willing/concentual partner. Does that mean I'm on the hook for 11 million?

She is alleging he knowingly spread it. That's the whole piont of the lawsuit.

[havanablast21]

OK. so no I knowingly spread it. Does that expose me to a 11.5 million lawsuit? Or is the reward proportional to his earning capability?

At the end of the day, The poor girl that gets infected by Johnny W who nets $30K annually vs the Poor Girl who gets infected by Vincent Von-White Collar who's annual take is north of $20 Million... esh.

[LawMan]

Hopefully this isn't too much of a distraction. Good news is that this is a civil lawsuit and it doesn't appear that any criminal investigation is pending.

This will be a very hard case to win, and even harder to establish damages for all of the reasons already pointed out:
1. Establish she was clean and EE was the guy who gave her STD.
2. Establish EE has/had one or more of the STDs she now has. I do not believe EE can be forced to take an STD test although refusing to may lead to an "inverse inference" being drawn against him.
3. Establish EE knew or ought to have known that he had an STD, that he failed to tell her, and that had he told her she wouldn't have had sex with him. Each of these elements is key. If there was no reasonable way EE could have known he had no duty to inform her, also if he told her he's off the hook or if he can somehow show she would have had sex regardless. A lot of he-said/she-said here.
4. Damages. Establish that EE's actions have caused her damages of $11.5 million. That's a massive stretch. If everything above is proven then she likely has some damages: emotional distress, physical damages, loss of wages? ongoing medical care - varies greatly depending on where she lives and medical care requirements.

This could be an interesting case. The law in Canada has given some attention to the duty owed by people HIV/AIDS positive but I'm not aware of any cases centering around "lesser" STDs. Reading between the lines I assume the STDs in question are treatable and non-life threatening... Hopefully this doesn't become a distraction down the home stretch for EE and the Jays.

[Loch]

I think there's another MLB player getting sued for the same thing isn't there?

[2014olympicgold]

This is a girl who had sex with another Jay prior to having sex multiple times with EE. She had unprotected sex with EE twice, so she likely does that often. How can she prove that she hasn’t had sex with someone in between the other blue jay and EE? Her past history of sexual freedom so to speak could be used against her. What if EE has never had an STD check? He could argue she contracted hers prior to meeting EE.

I dunno, this girl sounds floozy to me and the absurd amount she is asking for makes me think she’s trying to get him to pay her to shut up. Like oh we go to the courts for 11.5mill, or you just give me 2mill now.

[LawMan]

Unsurprisingly EE fires back, claims he didn't cause any damages to the Woman (I hate when civil Defendants use the term "innocent"), also claims that the matter should have been filed in Dominican Court given the parties are from the Dominican and the incident happened in the Dominican ( a very correct point).

http://www.espn.com/mlb/story/_/id/1...claims-lawsuit

[havanablast21]

Sigh.

She sounds like a real winner. You don't want STD's... take ownership of your own health. Don't sleep around and/or if you do... consider that little think called "Protection"! It's not a new concept.

This bares comparison's to me to "That Drunk" guy facing DUI charges a/o worse, trying to shift blame to the bar/bartender who served him. Only difference here...I can only assume the decision to agree to have unprotected sex with EE or anyone else was made from sound mind/judgement. God only help the bar tender if she was also drunk when she decided to knock boots bare back that fateful night.