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Lawsuit: Drummer Hurt by Axe Whacking on Live TV

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#1
Vistalite Black

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How much money should be awarded to the West Point drummer struck by an axe during a breakfast show?

I say $5 million, at least. To prevent others from this type of idiocy.

From Patch.com:


WEST POINT, NY — An Orange County man is suing “Fox & Friends” after getting whacked by an ax on the Fox News network morning show. Jeff Prosperie of West Point was injured when “Fox & Friends” host Peter Hegseth threw an ax at a target that went over the intended bullseye and hurt Prosperie in 2015.
The 14-page names the program, Fox News Corp. and Hegseth as defendants, among others, alleging a reckless disregard for the safety of others.

Here’s a video of the Flag Day observance:

https://m.youtube.co...h?v=KSiQubYs9Cg
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#2
cplueard

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"No Peter, ASK him the question, ASK."


Edited by cplueard, 14 June 2018 - 09:10 AM.

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#3
Wheresmyroadie?

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Whew. I've been given the axe before, but not like that.


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#4
NYFrank

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I want to know why it took 3 years to get the lawsuit going.  


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#5
amosguy

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I want to know why it took 3 years to get the lawsuit going.  

Probably trying to work out something before going to lawyers, or bad advice from the original lawyer.


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#6
xsabers

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I want to know why it took 3 years to get the lawsuit going.  

The wheels of justice, unlike some drummers, never rush. I am a first-time plaintiff in a wrongful death lawsuit that has a trial date this July over an incident that occurred in May, 2012. None of this was my choice or due to a lack of action on my part. Two of my co-plaintiffs, my brother and my brother-in-law, have passed away during these delays. I think they are trying to delay until we're all gone, TBH. 

 

Here's Jeff's bio. Dude is legit!

 

Jeff Prosperie arrived to the West Point Band as a member of the Legendary Hellcats in December of 2006, and currently serves as both the Section Leader and Principal Drummer of the Percussion Section. Jeff is a World Snare Drum Champion and the first and only individual to capture the “triple crown” of solo competition (DCI, PAS, DCA). In addition to his duties as a Hellcat he also performs on occasion with the West Point percussion ensemble, steel band, and concert band. Jeff recently served as the percussion arranger/instructor for the nationally televised Army All-American High School Marching Band. Prior to these positions he served as Director of Percussion Studies at the University of Louisiana-Lafayette, Principal Percussion with the Baton Rouge Symphony, and as the percussion designer/caption-head for the World Champion Phantom Regiment Drum and Bugle corps of Rockford, Illinois. He actively serves as a championship level adjudicator for DCI and WGI and as a marching percussion committee member for PAS. Jeff earned his B.M.Ed from LSU, his MM from The University of North Texas, and has completed all course work for the DMA from UNT. Jeff has performed, presented clinics, and adjudicated throughout the United States, Canada, Europe, and Japan as well as PASIC, TMEA, TBA, and The Mid-West Band and Orchestra Convention. Jeff’s compositions and solo performances can be seen in his book/DVD “Aptitude- A Conversation in snare soloing” published by Drop 6. This publication received the very rare rating of a perfect “10” from Modern Drummer Magazine declaring it a classic. Jeff can also be seen as a featured artist on the recent DVD “The Rudiment Project” by the Percussive Arts Society as well as several performances on YouTube and downloadable apps with DrumGuru.com. Jeff is a performing artist/clinician for Pearl/Adams, Sabian, Innovative Percussion, and Evans. 


Edited by xsabers, 14 June 2018 - 02:48 PM.

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#7
JazzDrumGuy

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X, sorry for your loss.

 

As for the drummer, looks like he simply got hit with the top of the ax.  Nevertheless, the statute of limitations in NJ per google is 2 yrs.  Can't explain why it is now 3 years unless the article from patch.com (???) just found out about the incident.

 

It's worth 6 figures but mostly because of the video and bad publicity (although I've never heard of it until today).......now if the guy got his arm chopped off, that's a different story.......(thankfully not!)......


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#8
gwbasley

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I like the way the three remaining drummers keep going with one man down...that's military training for sure.


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#9
komodobob

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Typically these kind of lawsuits are settled before going to court. The lawyers do their little dance while negotiating. A few threats from the plaintiff and everyone gets what they want,....for the most part. 

With that said, I have to admit it was pretty stupid to be throwing an ax, knowing full well that there were people behind the target.  :shock:  


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#10
hippychip

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Pay for his medical bills---anything beyond that is pure greed.


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#11
Merlin5

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How much money should be awarded to the West Point drummer struck by an axe during a breakfast show?

I say $5 million, at least. To prevent others from this type of idiocy.
 

 

Lol, $5 million? I don't think so. Only if he was permanently disfigured or lost his arm and obviously could never be a snare drummer again, and even then, $2 million would be pushing it.


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#12
Tmcfour

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X, sorry for your loss.

As for the drummer, looks like he simply got hit with the top of the ax. Nevertheless, the statute of limitations in NJ per google is 2 yrs. Can't explain why it is now 3 years unless the article from patch.com (???) just found out about the incident.

It's worth 6 figures but mostly because of the video and bad publicity (although I've never heard of it until today).......now if the guy got his arm chopped off, that's a different story.......(thankfully not!)......


Statute is for filing. The trial date happens when everything is sorted out.
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#13
komodobob

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Pay for his medical bills---anything beyond that is pure greed.

 

I have to agree with you hippychip. Unfortunately, because we have become such a litigious society, it will turn into much more than that. He will walk away with his 6 or 7 figure settlement, knowing what a lucky guy he was to get injured (minor) while performing for a company with deep pockets and a liability policy that is probably in the 10's of millions.

Now I'm not saying they were not negligent, because they were. That's obvious, just from watching the video. Still, these excessively high personal injury settlements are usually paid for by us, passed through to the goods and services we all purchase. That's the part of the story you don't hear on the evening news. 


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#14
JazzDrumGuy

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TMC:  Obviously.  What I was saying is that it took 1 year for the source to find out about it.  What a poor source.......suit must have been filed w/in 2 years and now it surfaces after 3 years.  Frankly, if the drummer's attorney wanted to make it public, he would have done a courthouse steps press conference.....says something that he didn't.

KBob:  I have to disagree.  It looks minor on screen (I pictured that he was hacked up badly then saw the vid).  And yes, the TV show or thrower were grossly negligent (so was the idiot who put the band behind the target!), but let's say the guy broke his arm.  Are you saying he is not entitled to some pain & suffering?

 

I got a homeless drug addict bum millions for a loss of his leg.  He wasn't a dancer, model or actor, but it was pretty damn serious and quite traumatic.  He is no longer homeless, but he has to live with his loss for the rest of his life.  The other driver lied to police and hit and ran, but he was crying in his deposition when I exposed his @$$.  His insurer was denying fault and then was forced to pay.

It is more of a brainwashing by the insurance companies of the American public that there are fakers and scheisters out there milking the system and which force all of our insurance rates (and costs of good/services) go up.....not exactly true.  You don't hear this either because insurance companies have billions of dollars spent on ad, stadiums, etc.

Next time you get your insurance bill, DON'T pay it, then see what happens, God forbid, you have an accident.  Heck, even when you pay your insurance, they don't like to compensate you.

 

I have stuck my neck out on this - sorry if my post has become "political".....ending now......

Jazz, Esq.


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#15
cplueard

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Pay for his medical bills---anything beyond that is pure greed.

 

I have to agree with you hippychip. Unfortunately, because we have become such a litigious society, it will turn into much more than that. He will walk away with his 6 or 7 figure settlement, knowing what a lucky guy he was to get injured (minor) while performing for a company with deep pockets and a liability policy that is probably in the 10's of millions.

Now I'm not saying they were not negligent, because they were. That's obvious, just from watching the video. Still, these excessively high personal injury settlements are usually paid for by us, passed through to the goods and services we all purchase. That's the part of the story you don't hear on the evening news. 

 

Unless there's a documented report we've know idea what the damages are to his arm. Blows like that can do everything from a small laceration to not having complete proper control elbow and below again depending on severity of the blow and the health of the person before this hit. Pretty sure any one of us here would not be happy with "just paying medical bills" if we were injured to the point where we couldn't play for an amount of time and potentially never the same way again. Calling the case greedy and calling his injury minor are claims none of us have the information to make unless we're gonna start posting sources.


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#16
Mongrel

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Okay...I get it...  I get the "pay the medical" and be done with it.

 

Except for ONE thing.  If it doesn't sting someone bad enough when this happens it won't be long before some other ass throws an axe over a target and clocks the guy in the head-and maybe kills him.

So, I am all for hanging the lawyers...but maybe they should just hang the idiot that set this up and then pay the drummers medical bills.


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#17
komodobob

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TMC:  Obviously.  What I was saying is that it took 1 year for the source to find out about it.  What a poor source.......suit must have been filed w/in 2 years and now it surfaces after 3 years.  Frankly, if the drummer's attorney wanted to make it public, he would have done a courthouse steps press conference.....says something that he didn't.

KBob:  I have to disagree.  It looks minor on screen (I pictured that he was hacked up badly then saw the vid).  And yes, the TV show or thrower were grossly negligent (so was the idiot who put the band behind the target!), but let's say the guy broke his arm.  Are you saying he is not entitled to some pain & suffering?

 

I got a homeless drug addict bum millions for a loss of his leg.  He wasn't a dancer, model or actor, but it was pretty damn serious and quite traumatic.  He is no longer homeless, but he has to live with his loss for the rest of his life.  The other driver lied to police and hit and ran, but he was crying in his deposition when I exposed his @$$.  His insurer was denying fault and then was forced to pay.

It is more of a brainwashing by the insurance companies of the American public that there are fakers and scheisters out there milking the system and which force all of our insurance rates (and costs of good/services) go up.....not exactly true.  You don't hear this either because insurance companies have billions of dollars spent on ad, stadiums, etc.

Next time you get your insurance bill, DON'T pay it, then see what happens, God forbid, you have an accident.  Heck, even when you pay your insurance, they don't like to compensate you.

 

I have stuck my neck out on this - sorry if my post has become "political".....ending now......

Jazz, Esq.

 

You make a good point Jazz. There are people that have legitimate claims and should be fairly compensated. I stand with you on that. However, in this particular case, after seeing him being interviewed by the ax wielding dummy, I assumed he was probably OK, with only a minor injury. Maybe I'm wrong and he may have suffered a more serious injury that any of us know. But, since we don't have all the facts, then it isn't fair for any of us to make a judgement at this point. 

 

Now with regard to liability rates being higher because of frivolous lawsuits, that is in fact true. Someone has to pay for it. Since insurance companies don't have a money tree growing in the back yard and in many cases are paying out millions in liability claims, (some reasonable, some not) it only stands to reason that since their costs go up, our costs as consumers will go up. Insurance premiums are affected and as a result what you pay at the supermarket, or any place else in a free market society is affected. Our costs go up, your costs go up. Simple economics. 

 

With that said, I agree with you that there should not be a lack of liability when someone is negligent.


Edited by komodobob, 14 June 2018 - 05:13 PM.

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#18
RogersLudwig

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The dude was a Hellcat. That is the drum and bugle corps that used to play reveille for us every morning at the Military Academy. I hated them then, but boy were they good.


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#19
JazzDrumGuy

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KBob - I didn't realize there was a post-Axe (get it???) interview......he seems fine thankfully.........

 

I agree with you on the rest....... :happy11:


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