Suit against Hernandez being re-filed today

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The lawsuit filed last week against Patriots tight end Aaron Hernandez for allegedly shooting a guy in the face was indeed dismissed.  But it will be re-filed.  Today.

Attorney David Jaroslawicz, who represented the former Jets massage therapists in the lawsuit against Brett Favre, tells PFT that the case was dismissed not because of a settlement but because of a mistake in the paperwork.

“It is being refiled today,” Jaroslawicz said via email.  “The injury was corrected.  He did not have plates and screws in his arm, only in the right side of his face.”

Typically, a complaint can be amended freely and without court permission before the defendant submits a response.  It’s unclear why that didn’t happen here, especially since re-filing the lawsuit means cutting a new check for the filing fee.

67 responses to “Suit against Hernandez being re-filed today

  1. Wow………… talk about a bad day. This is the last thing the Pats need to worry about. How soon before hoody signs his walking papers?

  2. Whats funny is that all the people who blasted Gronk for partying too much and acting like most 23 year olds with millions of dollars would do probably feel really stupid now that all this Hernandez stuff has come out.

  3. “The injury was corrected. He did not have plates and screws in his arm, only in the right side of his face.”

    Oh.. They were ONLY in the right side of his face?? NEXT CASE!

  4. How did someone filling out the paperwork mistake a “face injury” with a “broken arm?”

    That’s like that old Harlem Globetrotters bit when Curly Neal or whoever is holding one leg and moaning and it turns out to be the other leg that’s hurt..

  5. uh, no I don’t find anything funny about Gronk acting like a complete idiot either tonyugoh.

    and yes the Jets will trade Winslow over to the Pats for a 4th rounder next year…!!!

  6. So the Pats may be without their three best receiving options from last year? Wow.. at least they have Tebow.

  7. tonyugoh says:
    Jun 19, 2013 3:55 PM
    Whats funny is that all the people who blasted Gronk for partying too much and acting like most 23 year olds with millions of dollars would do probably feel really stupid now that all this Hernandez stuff has come out.

    ———————–

    That would be me!

  8. What happend is the case was thrown out for whatever reason and they are refiling it because Hernandez is involved in a murder case. I’d refile too.

  9. ravensfan19 says:Jun 19, 2013 4:07 PM

    Are all the Patriots fans who Kept accusing Ray Lewis of being a Murderer going to do the same with Hernandez ?

    ————————–

    Not all of them. I said Ray was innocent of murder because that’s what the legal system said. What else do you really have to go by. Media articles? The guys that were with him also were not convicted of murder.

    In this case it will be the same. if Hernandez is convicted of murder, he’s a murderer. If not he isn’t. Right now he hasn’t even been arrested.

  10. Cincy will send Jermaine Gresham to NE for a 1st rd pick… Orson can do what Gresham can do if given the chance…Alex Smith will be the 3rd TE….Hey Bill….Call Mike Brown offer a 1st….LOL

  11. “Whats funny is that all the people who blasted Gronk for partying too much and acting like most 23 year olds with millions of dollars would do probably feel really stupid now that all this Hernandez stuff has come out.”

    =========================

    Not quite. The people warning against Gronkowski’s excessive partying probably feel vindicated. Certain lifestyles are not condusive to maintaining a high profile, multimillion dollar job. AH is simply exhibit A (or B, or whatever).

  12. Typically, a complaint can be amended freely and without court permission before the defendant submits a response. It’s unclear why that didn’t happen here, especially since re-filing the lawsuit means cutting a new check for the filing fee.
    ————————
    That is correct but some jurisdictions only let you amend freely one time before defendants respond. I doubt that the plaintiff wanted to waste his freebie simply amending his injury (read: law office screw up by overworked paralegal) in a case where there are likely to be several substantive amendments to parties, claims, etc. Better to have your freebie to amend those important issues rather than have to file a motion for leave and have some dumb court deny the motion. The filing fee cost is nothing compared to the $$ the plaintiff will see in this case. Not a worry.

  13. tonyugoh says:
    Jun 19, 2013 3:55 PM
    Whats funny is that all the people who blasted Gronk for partying too much and acting like most 23 year olds with millions of dollars would do probably feel really stupid now that all this Hernandez stuff has come out.
    ___________________________________
    Nope don’t feel stupid at all. Just because a teammate does something drastically worse doesn’t make Gronk’s immaturity and selfishness better. He’s still a moron but you New England bros are used to that work hard party hard, no repercussions lifestyle aren’t ya.

  14. So Rolando Mcclain fires off a gun NEXT to someones head and he gets raked over the coals…and Aaron Hernandez ACTUALLY shoots a guy in the face and we’re barely finding out about it now!!! WOW!!

  15. How does someone get shot in the face and it only results in a lawsuit? Oh, right, money.

  16. In the past week, between Kraft, Putin and Hernandez, the Pats have managed to pull off something we all thought was impossible. They’ve made Rex Ryan’s Jets look normal by comparison.

  17. Please don’t make assumptions. The media makes a lot of money distorting the truth to create drama and destroying lives in the process. Just ask George Zimmerman.

  18. Far as Lions jokes..even from loser Lions’ fan—the Lions have been off the front page since they cut Titus Young, some 9 months ago. Time to move on.

  19. In other words, there was not much of a case prior to the incident that Hernandez is being investigated for. I guarantee the lawyer who re-filed this was thrilled at the news of a dead body in connection to Hernandez.

  20. “Mistake in the paperwork”? A mistake is when a page is missing, when you forgot to notororize the form, etc. Stating that your client had plates and screws put into his arm when he actually got shot in the face is just a flat out lie. But even if it were just a mistake, why in the world would you wait until now to file a new complaint if you were truly aggrieved and had a case? This Florida guy sure does sound like a fraud.

  21. The circus has officially entered Foxboro. It’s bad enough all their Super Bowls are in question w/spy-gate, but now this? Wow, it must be awful being a Pats fan…you think you win all these superbowls, then all that is questioned bc they cheated. Now every season since then you’ve had a bunch of heartbreaking ends to their season — and now the circus is in town…just sad how the “mighty” have fallen!

  22. Shot him in the face? Somewhere Dick Chaney is wondering what all the fuss is about. Yeah, ESPN canceled “Play Makers” because it wasn’t realistic. Wow!

  23. Where is the police report? The hospital report? Gunshot wounds MUST be reported to the authorities by the hospital. Seems pretty odd that the first we hear about a SHOOTING is from the civil suit, which would usually not be filed for months or years. Pretty suspicious all around.

  24. HBO just screwed it up, the Pats should be in the Hard Knocks this year. It would be a hit.

    The Emperor (a.k.a. Hoodie) had lost some of his force but before you pop you korn: it’s only June.

  25. I don’t get this case…

    Why the hell, if Hernandez did indeed shoot this guy, did this guy not like, I don’t know, turn him into the police, or the hospital get the info from him during reconstructive surgery, or the police come over to the hospital and get his statement, or you know, something law-enforcement like?

    Now he’s sueing (spelling?) Aaron, but there’s still nothing on the police front? Surely something like this is a punishable offense of some sort.

  26. I’m sorry… Did you say he shot someone in the face and they lost an eye??? He’s out on bail? Or did he cut a deal with his victim, “Hey man, don’t sweat it, I’ll give you ten grand and a signed jersey.” Must be nice to be rich.

  27. If AH actually did shoot a guy in the face, it doesn’t follow that it was intentional. It could have been an accidental discharge. If so, there is no criminal case, only a civil case for negligence in handling a gun.

    We haven’t seen the civil suit so we don’t know what the plaintiff is alleging, but my guess is that he’s not saying it was intentional which would let AH’s insurer off the hook. He’d rather have the insurer as a defendant.

    If a rich guy with a big liability policy shoots you, don’t say he did it on purpose. Say he was negligent in handling the gun.

  28. Hernandez and his bro’s were doing South Central L.A. style drive-by’s? Really?

    Something just doesn’t add up here…

  29. Waiting for the new reality show called “When Keepin’ it Real Goes Wrong”, starring AHern.

    To the various Ravens fans who keep bringing up Ray Lewis: I’m not one of those fans who thought he murdered anyone . And actually I listened to some Ravens fans who had researched it all and it made me realize I wasn’t being fair. Either way, I would hope all of you (along with the various other teams’ fans since all teams have people who get in trouble) would realize what it’s like to be on the wrong end of idiot comments and refrain. Too much to hope for I guess.

  30. So let me get this straight, Hernandez shoots someone in the face, and all we hear about this is. , the guy files a civil suit against him . Really . Usually when you shoot someone , people get arrested. I know hospitals don’t just. Treat you and let you go . Police are notified. Smells fishy to me

  31. Plaxico Burress just said, “Oh, you’re supposed to shoot the other guy? Why didn’t I think of that?”

  32. According to the refiling, Hernandez didn’t shoot this guy Bradley in the face but instead shot him in the arm but the bullet traveled into his head and caused damage there, including the loss of his right eye. Again, that’s just according to the refiling. Who knows what really happened. Seems rather sketchy since, as other have pointed out, there isn’t any word of any police investigation or criminal charges being filed in regards to the Bradley shooting.

  33. The one thing that leaves me suspicious about the investigation for the dead friend is why the hell would Aaron rent a car, locally, ya know not in some other city where it would make sense to NEED to rent a car for himself or someone else, versus just loaning his friend one of his own cars??

    The guy is worth at least a couple million, so I’m baffled as to why he’d feel the need to rent someone he knows a car for a simple joyride. That right there is gonna be what gets him sucked into an investigation. Additionally, I think I was taught from the age of 5 to NEVER rent someone a car in your name, given all the liabilities involved if they got into an accident with it. Maybe my dad was just different but he burned that into my head to be very careful about who you’re loaning things out to where liability is concerned. If it was his wife or GF, or immediate family, sure, fine, take the risk, but just some random pal?

    Just weird. Anyway, I thought my day sucked when I got a nail in my back right tire that can’t be patched. At least I can rest easy someone else is having a way crappier day than myself. Maybe I can get hired as a young player’s personal life coach, to steer them away from renting cars for others under their name lol

    Go Bills.

  34. So how do you shoot somebody in the face while riding in a car with said person, causing very serious injuries, and not get arrested?

    Something tells me if I pulled a stunt like that I’d be going to prison for a while. What gives here?

  35. ravensfan19…Do you feel that OJ was innocent? Because that’s what the jury said? These athletes have money and all it takes to get away with anything is paying the Lawyers, judge, District Attorney, Police, and Mayor. They are all in on it. Always have been.

  36. Full disclosure before my comment: I am a Patriots fan and an attorney. The bottom line is that we know absolutely nothing about the civil lawsuit or the homicide. You can say whatever you want about Hernandez’s off the field issues before he was drafted (which he has acknowledged), but everything else is speculation. The police aren’t saying anything, and lawsuits are filed every day of the week against wealthy celebrities by people looking for publicity or a payday. There is no screening process when a lawsuit is filed, so anyone can literally file anything they want and make any accusations. But it’s filing the lawsuit that gets the headline; getting it dismissed typically isn’t very newsworthy. I don’t know if the suit has merit or not, but I do know it’s too early to say.

  37. CKL says: Jun 19, 2013 7:04 PM

    To the various Ravens fans who keep bringing up Ray Lewis: I’m not one of those fans who thought he murdered anyone . And actually I listened to some Ravens fans who had researched it all and it made me realize I wasn’t being fair. Either way, I would hope all of you (along with the various other teams’ fans since all teams have people who get in trouble) would realize what it’s like to be on the wrong end of idiot comments and refrain. Too much to hope for I guess.

    __________________________________

    Thanks for stepping up NOW that one of the Patriots actually does shoot somebody. When all the false witness on Ray was happening you remained silent. And what happened????
    Last 5 minutes of Ray Lewis Career during his final stand on defense in the Superbowl? We have idiots on CBX who want to talk about a payoff and a double murder in Atlanta. Why is that? Because of all the Patriot fans who did speak up and all the Patriot fans who didn’t speak up.

  38. Net:
    You can’t just add rational speak when it is your team in trouble. Say something when Wes Welker’s wife is dissing one of the best players ever in the NFL. Say something when the CBX Patriots network is dissing a Hall of Famer in the final minutes of the Super Bowl.

    I do realize that football players shouldn’t be expected to be role models. I do realize Hernandez is not the Patriots, and he definitely doesn’t represent the great city of Boston. But I also no “false witness” that has been perpetuated for over 15 years, mostly by people in New England. We never got this stuff from Pittsburgh, it mostly came from New England. Own it.

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