HOOPS: Kennedy update

A court date of April 20 has been set for Ole Miss coach Andy Kennedy, who faces a misdemeanor assault charge stemming from his Dec. 18 arrest in Cincinnati.

The cab driver accused Kennedy of punching him and using racial slurs against him.

Kennedy has alleged that the cab driver used racial slurs as well.

That’s the criminal matter.

In the civil suit filed by Kennedy against the cab driver, the loss of consortium addendum filed by Kennedy’s wife, Kimber Kennedy, has been a point of great discussion today.

However, attorney Richard Katz, who is handling the Kennedy’s civil suit, says loss of consortium can mean any number of things and it’s “irresponsible” to think of it only as sex.

Elsewhere on the civil front, the cab driver filed a countersuit today, charging Kennedy with assault, ethnic intimidation and the filing of a frivolous lawsuit.

— PA

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6 Responses to “HOOPS: Kennedy update”

  1. Tyler-for-Heisman Says:

    I say that Kimber will have a hard time pinning the whole “loss of consortium” thing on the cab incident alone. I would think that the play of the basketball team and the injuries they have suffered could have been part of the problem too.

  2. UMLaw Says:

    I agree with what everyone has said below, this loss of consortium claim is ri-freakin-diculous. Suing for defamation is exactly what you do in situations like these but loss of consortium??? Come on. Not only is loss of consortium almost impossible to prove, it puts your wife through the litigation process (subject to depositions about her sex life) when there is no need to do so. This isn’t about money, it’s about the principle and you get to make your point with the defamation suit. Absolutely no need for loss of consortium.

  3. ColoradoReb Says:

    My wife isn’t giving me as much since this Kennedy thing. I wonder if I can get in on the action? I’ve also been stressed and nervous about the OM basketball situation. I wonder if we can sue for that? Don’t you just love doctors, lawyers, and insurance companies. They screw us hard 365 and when they screw up, we get to bail them out. Keep voting Republican and Democrat until all the money is gone. We need a revolution.

  4. Matthew Says:

    PA Katz should be fired. First for including loss of consortium in the claim and not thinking it would be a PR nightmare. Second for claiming it is “irresponsible” to equate consortium w/ sexual performance or lack thereof. Everyone in the legal field knows the primary logic/analysis is on loss of consortium. Katz and Neal McReady from Rivals can spin as much as they want but they are naive to not understand the way the PR machine works. This nightmare was created by Katz w/ AK’s authorization and they alone are the ones who have to look in the mirror and know they messed up. PA I told you earlier in the day it was a big deal and it has turned into such and another black eye for AK and in turn Ole Miss b.ball’s image. Thanks to ColoradoReb though for keeping things in perspective and putting a smile on my face. Nice take on lawyers by the way Cololrado, good thing I’m a lawyer who wears a white hat.

  5. rjm Says:

    Obviously it is a “big bully” approach.

    They are hoping that the Cabbie and the Valet will not be able to afford the laywers. Granted, theirs are both probably not charging them but still at some point they will say, enough is enough.

    The strategy seems to be to huff and puff and SCARE the other side down.

    How is it going to help AK by making her go into details about their sex life or whateverthehell else might mean “consortium” ?

    AK needs to reel this guy in or he will end up charging him $150k to embarass him even further.

    A sports agent is not always a good litigation expert.

  6. ColoradoReb Says:

    No offense Matthew, glad to know you wear a white hat.

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