Judge Denies Erin Andrews’ Stalker with Bankruptcy Protection against $55 Million Lawsuit

by San Antonio Attorney

The stalker of Erin Andrews cannot avoid the monetary judgment.

American broadcaster Erin Andrews’ succeed in her action to prevent her stalker, Michael David Barrett, from escaping his obligation to pay.  In March, the 39-year old broadcaster was awarded $55 million in a civil lawsuit.

Based on court papers filed, Bankruptcy Judge Trish Brown decided that any monetary damages granted to Andrews cannot be discharged.  That means the defendants filing for bankruptcy will remain liable for the damages.

In 2009, Barrett admitted to video recording Andrews in her hotel room’s peephole and uploading that video to the Internet.  The video that captured her changing clothes garnered millions of views.

Consequently, Barrett was sentenced to 30 months imprisonment, put on probation and required to pay fines and compensation for interstate stalking.  In the same year he was released, he filed for bankruptcy.

In March, a court ordered Barrett to about $28 million to Andrews as part of the $55 million damages awarded to her.  He was found 51% at fault, while the hotel where he videotaped Andrews was determined 49% at fault.   However, Andrew’ attorney wanted each of the defendants to pay $55 million.

West End Hotel Partners and Andrews reached an agreement in April, but the terms of the deal was not disclosed.

Although she is entitled to receive compensation, Andrews believe that the video of her naked will always be there online.

In many personal injury cases, there is more than one party who is at fault and shares the blame for the injury.  The law considers these scenarios by allowing varying percentages of legal responsibility to be assigned to different parties.  Most states have a law that obligates defendants to compensate only a specified percentage — normally the fraction of liability ascribed to them — of the damages awarded to the plaintiff.

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