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Prosperie files lawsuit over 2015 axe incident


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44 minutes ago, Ghost said:

I thought Jeff was on active duty with the Army at West Point, which would cover all injuries no matter how received.

Yes, and he was on duty. I think this is a suit involving pain and suffering as part of the issue as well as general utter carelessness from the looks of it. I can think of examples where even if things like this are in place, courts frown heavily on carelessness and ineptness regardless.

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31 minutes ago, BigW said:

Yes, and he was on duty. I think this is a suit involving pain and suffering as part of the issue as well as general utter carelessness from the looks of it. I can think of examples where even if things like this are in place, courts frown heavily on carelessness and ineptness regardless.

I’m not a lawyer, and I’ve never been in the military, but my guess would be this was voluntary and not considered “in the line of duty” which would give him the right to sue. If he was following orders, it could be a different story. I know I once needed some volunteers and members of the Coast Guard who lived in quarters nearby stepped forward to help with the approval of the Commandant but before they could do the volunteer work, I had to provide proof of insurance in case one of them got injured.  

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6 minutes ago, Tim K said:

I’m not a lawyer, and I’ve never been in the military, but my guess would be this was voluntary and not considered “in the line of duty” which would give him the right to sue. If he was following orders, it could be a different story. I know I once needed some volunteers and members of the Coast Guard who lived in quarters nearby stepped forward to help with the approval of the Commandant but before they could do the volunteer work, I had to provide proof of insurance in case one of them got injured.  

He looked to be in uniform on one of the pics where he was hit, Tim. Might be a gray area?

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19 minutes ago, BigW said:

He looked to be in uniform on one of the pics where he was hit, Tim. Might be a gray area?

No, the Coast Guard volunteers were in uniform too. Remember too the VA can be funny about what is and is not covered. In the past I have had to deal with people battling the VA for mental health and addiction issues. I can never figure out what is and is not covered. I don’t like to think of anyone who is serving our country having to sue for anything, especially someone having to sue a media outlet who claims to support our troops but in this case, ignored it, but that seems to be the reality. Fox News should have made a settlemt as soon as it happened.

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1 hour ago, Tim K said:

I’m not a lawyer, and I’ve never been in the military, but my guess would be this was voluntary and not considered “in the line of duty” which would give him the right to sue. If he was following orders, it could be a different story. I know I once needed some volunteers and members of the Coast Guard who lived in quarters nearby stepped forward to help with the approval of the Commandant but before they could do the volunteer work, I had to provide proof of insurance in case one of them got injured.  

Is there a Military Treatment Facility (MTF) close by? If not, that could explain the requirement for insurance, so the Government can recoup costs. It's also likely since they were doing volunteer work for you, that the Government would try to recoup any medical costs as result from injury regardless.

Active duty members are always covered, regardless if they're off duty or on duty (technically, you're always considered on duty). Now, if the member seeks (non-emergency) treatment outside the MTF without a referral, or the service is on TRICARE's exclusion list, then they can be liable for paying out of pocket.

He'll also be able to file a VA disability claim once he leaves active duty.

Edited by dcsnare93
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15 hours ago, hughesmr said:

'Fox & Friends' Co-Host Sued Over 'Wanton, Reckless' Axe-Throwing Incident https://a.msn.com/r/2/AAyBhVX?m=en-us&a=1

Good on Prosperie.  One of the best percussion field judges who always tells it like it is.  I loved listening to his tapes.

Edited by ndkbass
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On 6/14/2018 at 6:17 PM, tedrick said:

Oh no! This is terrible! I didn't know Pete Hegseth was responsible for the ax-throwing incident! He is a frequent guest on an AM radio talk show in the Twin Cities -- he sounds like a very solid, responsible guy -- and he was also being considered for a position in the Trump administration, as well.

 --- As I recall, the drummers were in a different area, kind of concealed from view by the ax throwing display. ---

I'm glad no one was seriously hurt. And from a judging standpoint, didn't Prosperie put Vanguard up over Bluecoats at Finals in 2016 in drums -- and gave the Sanford to SCV in a razor close contest?

elliott_broidy-e1523648661750.jpg?w=360

 

According to From the Pressbox, in 2016, Jeff Prosperie was a percussion judge for Prelims, where his top six were:

1st -- 19.05 -- Bluecoats

2nd -- 18.90 -- Santa Clara Vanguard

3rd -- 18.70 -- Blue Devils

4th -- 18.40 -- Cadets

5th -- 18.20 -- Cavaliers

6th -- 18.15 -- Carolina Crown

However, when combined with the other judge's scores, SCV came out on top in Prelims.

In both Semifinals and Finals, the on-field judges had Bluecoats in the lead. In Semifinals the judge up top had Blue Devils first and Bluecoats third, but with a tight margin so that the overall percussion caption edge had Bluecoats in the lead that night and, if I'm adding correctly, tied with SCV after two days. But in Finals, Bluecoats' lead from the field judge was smaller than SCV's lead from the booth judge.

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2 hours ago, N.E. Brigand said:

According to From the Pressbox, in 2016, Jeff Prosperie was a percussion judge for Prelims, where his top six were:

1st -- 19.05 -- Bluecoats

2nd -- 18.90 -- Santa Clara Vanguard

3rd -- 18.70 -- Blue Devils

4th -- 18.40 -- Cadets

5th -- 18.20 -- Cavaliers

6th -- 18.15 -- Carolina Crown

However, when combined with the other judge's scores, SCV came out on top in Prelims.

In both Semifinals and Finals, the on-field judges had Bluecoats in the lead. In Semifinals the judge up top had Blue Devils first and Bluecoats third, but with a tight margin so that the overall percussion caption edge had Bluecoats in the lead that night and, if I'm adding correctly, tied with SCV after two days. But in Finals, Bluecoats' lead from the field judge was smaller than SCV's lead from the booth judge.

I think you might have field and booth flipped for Finals. Something in the back of my head is saying that when they tried to move percussion off the field, the field judge became judge 2.

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30 minutes ago, ftwdrummer said:

I think you might have field and booth flipped for Finals. Something in the back of my head is saying that when they tried to move percussion off the field, the field judge became judge 2.

You could be right! I've been under the impression that Prosperie is normally an on-field judge, but I have no evidence of that. There's probably some perc. judge audio on Youtube that would clear it up though.

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