Geno Smith Out 6-10 Weeks

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flgreen

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Jets Idiocy Provides Primer On Assault and Battery
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The Legal Blitz
Filed to: JETS 8/11/15 3:10pm
Jets Idiocy Provides Primer On Assault and Battery

I know there are a lot of Jets haters out there, but this team should be celebrated for the gifts it just keeps on giving.

Between horrendous trick plays, a non-stop rotating cast of quarterbacks, Antonio Cromartie forgetting his kids’ names, and the Buttfumble, the New York Jets are one giant LOL after another.

Today, however, takes the cake. This afternoon (now former) Jets linebacker Ikemefuna “I.K.” Enemkpali broke starting quarterback Geno Smith’s jaw in a locker room fight. Smith is now expected to miss six to ten weeks.

Putting aside the on-field implications of Smith missing the first few weeks of the season, this fight provides another opportunity for lawyers upon lawyers to get involved in a situation that is overflowing with legal issues including insurance coverage, workers’ compensation, civil liability, and criminal penalties.

First, let’s start with the obvious — what Enemkpali did is criminal.

In New Jersey, where the Jets hold training camp, the punch would be considered simple assault. Under Section 2C:12-1a(1), simple assault occurs when the defendant did cause bodily injury to the victim; and 2. That the defendant acted purposely or knowingly or recklessly in causing bodily injury to the victim. Simple assault is considered a misdemeanor (disorderly persons offense) and carries a potential six months in jail and fine up to $1,000.

Enemkpali could be facing that maximum sentence considering that this is not his first brush with the law. According to Rich Cimini, while at a bar when he was at college at Louisiana Tech, a fight broke out and Enemkpali punched an off-duty cop who was working security at the bar. On that night, Enemkpali had to be subdued first with pepper spray and then with a stun gun. He was arrested and charged with battery on a police officer and disturbing the peace/drunk, according to court records. The charge was amended to simple battery, and he received a suspended jail sentence and was placed on 13 months’ probation. He also was ordered to perform 32 hours of community service and to complete an anger management course.

What gets more complicated are the civil liability issues. Rest assured, with significant money and an NFL quarterback’s career at stake, there will be lawsuits.

Both New York and New Jersey recognize civil causes of actions for assault and battery. These are known as intentional torts. An assault is essentially an act intended to cause immediate apprehension of harmful or offensive bodily contact that results in reasonable apprehension of such contact. Battery is the unlawful application of force to the person resulting in either bodily injury or offensive touching.

Smith could sue both Enemkpali personally, as well as the Jets, since a Jets employee is the one who caused the injury. The Jets might assert a defense that Smith is precluded from pursuing a civil lawsuit as he must instead go through workers’ compensation. However, it seems that Enemkpali was acting outside the course and scope of his employment, which would allow Smith to pursue both a civil lawsuit and file a workers’ compensation claim.

The Jets might also sue Enemkpali. According to my favorite ESPN personality, Darren Rovell, the Jets will have to pay Smith $206,471 in salary while he is on the sidelines. The Jets might not want to part with that kind of cash without a fight (see what I did there?).

Then, the NFLPA and Enemkpali could, in theory, go after the Jets for the $510,000 he loses by being cut in a wrongful termination action. Enemkpali’s agent, Jeff Guerriero is “THE Injury Attorney”after all. Granted, his lawsuit would depend upon the terms of his contract and the CBA as to whether fighting a teammate is grounds for release.

Finally, an insurance company is going to be stuck with Smith’s medical expenses. That company could assert a lien against Smith’s civil lawsuit or pursue a subrogation action against the Jets.

Does your head hurt yet? This whole debacle is hilarious for us non-Jets fans and a perfect bar exam question.

Steve Silver is the founder of TheLegalBlitz.com. He is a former sports reporter for the Las Vegas Sun and is now a lawyer in Philadelphia and licensed in Pennsylvania and New Jersey. You can reach him at steve@thelegalblitz.com or on Twitter @thelegalblitz.
http://www.atlredline.com/jets-idiocy-provides-primer-on-assault-and-battery-1723432778
Image via Getty Images.
 
S

sg3

Guest
Frankly it really is getting insufferable here with one poster fighting with 15 others in posts full of namecalling and insults merely because they won't agree that losing the worst QB in the league dooms the Jets to a 4 to 6 win season.

I've talked to about 100 Jet fans today and around 90 of them feel as I do, that Smith was the last major stumbling block to success this season and that Ryan Fitzpatrick is an upgrade

I guess that in Metropolis that makes me and them SOJ and biased haters for unspoken secret reasons

Or maybe we are just Jet fans who want our team to win
 

usapaw

Rookie
Jet Fanatics
Frankly it really is getting insufferable here with one poster fighting with 15 others in posts full of namecalling and insults merely because they won't agree that losing the worst QB in the league dooms the Jets to a 4 to 6 win season.

I've talked to about 100 Jet fans today and around 90 of them feel as I do, that Smith was the last major stumbling block to success this season and that Ryan Fitzpatrick is an upgrade

I guess that in Metropolis that makes me and them SOJ and biased haters for unspoken secret reasons

Or maybe we are just Jet fans who want our team to win

We are all die hard JETS fans and will watch until thee last game no matter what. We will be fine. Geno has been "hot garbage" so far and there is the chance he would have had a great year but "come-on man!"
 

Superman55

Franchise Tagged
Jet Fanatics
Frankly it really is getting insufferable here with one poster fighting with 15 others in posts full of namecalling and insults merely because they won't agree that losing the worst QB in the league dooms the Jets to a 4 to 6 win season.

I've talked to about 100 Jet fans today and around 90 of them feel as I do, that Smith was the last major stumbling block to success this season and that Ryan Fitzpatrick is an upgrade

I guess that in Metropolis that makes me and them SOJ and biased haters for unspoken secret reasons

Or maybe we are just Jet fans who want our team to win

for someone who has ignored me...you cant stop talking about me.
 

Elias

The Invisible Man
Big Fish
Jet Fanatics
Jets Global
Frankly it really is getting insufferable here with one poster fighting with 15 others in posts full of namecalling and insults merely because they won't agree that losing the worst QB in the league dooms the Jets to a 4 to 6 win season.

I've talked to about 100 Jet fans today and around 90 of them feel as I do, that Smith was the last major stumbling block to success this season and that Ryan Fitzpatrick is an upgrade

I guess that in Metropolis that makes me and them SOJ and biased haters for unspoken secret reasons

Or maybe we are just Jet fans who want our team to win

Debate is key to this board. Too bad that we may not see the result or a victor to the debate that's been going on all off season. Did Geno turn the corner?

Talking bout on field play, not behavior but I guess both are related when it comes to pros.
 

NYJDraftKing

King of Quieens
Jet Fanatics
Ikemefuna Enemkpali will probably end up with Rex !!

Ikemefuna Enemkpali will probably end up with Rex !!

Rex loved this guy and I can see him bringing him into Bill's camp.

In my opinion Geno Smith may be done as a Jet as well.
 

Elias

The Invisible Man
Big Fish
Jet Fanatics
Jets Global
Rex loved this guy and I can see him bringing him into Bill's camp.

In my opinion Geno Smith may be done as a Jet as well.

It's a Rex move to sign him and then bring him out as a captain for the game against the Jets.
 
J

Jetsfanatic

Guest
IK was showing promise. IMO, both IK and Geno are responsible. Geno as QB should be a leader, it reflects poorly on him that it got to this point.
 

Bigmoe

Happily Confused
The Mod Squad
Jet Fanatics
Jets Global
I've talked to about 100 Jet fans today and around 90 of them feel as I do, that Smith was the last major stumbling block to success this season and that Ryan Fitzpatrick is an upgrade



Or maybe we are just Jet fans who want our team to win

Make it 91

Disagree. If you replace the name Geno Smith with Aaron Rodgers,

You guys are hysterical.
Aaron Rodgers and Geno smith in the same sentence
And we're hysterical


Try a little optimism, it's lemonade time.

I see it as our Mo Lewis moment

image.jpg
 

Green Jets & Ham

King Of All Draftniks
Jet Fanatics
I can't wait to read [MENTION=223]Green Jets & Ham[/MENTION]'s rant when he comes over.
Can't find the words. I'm still in the stunned disbelief stage. For the past few hours I've just been sitting here with that dumb look on my face. This organization is hopeless. Thats really all there is to it. WE, all of us, made one rotten mistake as kids and we've been paying for it the rest of our lives. You know how when you're a kid you pick the teams you choose to root for, and unless you're an a-hole front-funner, you are stuck with that team for life, good, bad or indifferent. Well we chose the Jets and we've been f**ked ever since. Its that simple and today is just more of the same.

At least I had a good excuse. When I was a kid Namath was all the rave. Great QB, cannon for an arm and he was dating the hottest chicks on the planet. It was impossible to be a kid back then, particularly in NYC, and not admire Joe Namath.

Damn You, Joe Willie!
 

Parcells123

5th Year Team Option
Jet Fanatics
IK was showing promise. IMO, both IK and Geno are responsible. Geno as QB should be a leader, it reflects poorly on him that it got to this point.

Bingo! Geno Smith may have just jettisoned his career due to immaturity and a failure to be the team leader. Maybe the positive spin is that it was just a matter of time before Geno Smith imploded, and it's better that it happened sooner rather than later.
 

usapaw

Rookie
Jet Fanatics
Can't find the words. I'm still in the stunned disbelief stage. For the past few hours I've just been sitting here with that dumb look on my face. This organization is hopeless. Thats really all there is to it. WE, all of us, made one rotten mistake as kids and we've been paying for it the rest of our lives. You know how when you're a kid you pick the teams you choose to root for, and unless you're an a-hole front-funner, you are stuck with that team for life, good, bad or indifferent. Well we chose the Jets and we've been f**ked ever since. Its that simple and today is just more of the same.

At least I had a good excuse. When I was a kid Namath was all the rave. Great QB, cannon for an arm and he was dating the hottest chicks on the planet. It was impossible to be a kid back then, particularly for NYC, and not admire Joe Namath.

Damn You, Joe Willie!

Still trying to decipher the ice cube patterns in the bottom of my glass. :smiley-eatdrink008:Hang in there, it's early and your a purple heart JETs veteran.
 

Parcells123

5th Year Team Option
Jet Fanatics
Matt Flynn sucks.... I would see what it would take to possibly pry Mike Glennon loose from Tampa Bay

Glennon would be a nice upgrade, but the Jets would be buying high. They'll manage with Fitzpatrick, and get a marginal backup in case of emergency. I wonder if Kyle Orton can be coaxed out of retirement again?
 
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