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Wednesday Kickoff: Davies files lawsuit, Capello drops Rooney hint and more

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Photo by Michael Janosz/ISIphotos.com

D.C. United striker Charlie Davies has reportedly filed a $20 million lawsuit against the nightclub owner and party host that continued to serve alcohol to the woman that was behind the wheel on the night of the accident that tragically killed one passenger and severely injured Davies.

According to the Washington Post, Davies is filing his suit against Das Enterprises, the owner of the Shadow Room in Washington, D.C., and Red Bull North America, which hosted the party at the club a little more than two years ago.

The suit — which involves the company that owns the New York Red Bulls — claims that in addition to continuing to serve alcohol to Maria Alejandra Espinoza, the accident also caused permanent damage to Davies' body and altered his career path to the point that it prevented him from participating in the World Cup for the United States.

Here are a few more stories to get your day rolling:

CAPELLO HINTS TO ROONEY INCLUSION

There has been some speculation as to whether Wayne Rooney would be included on Fabio Capello's Euro 2012 squad after being banned for the first three games of the tournament. Speaking to reporters, Capello gave an indication of what he wants his squad to look like, and he seemed to hint that Rooney would be a part of it.

"The young players are really good and ready to play with the seniors, and the experience of the seniors is really important," Capello said. "During the games we need some leaders, people that know something. Jack Wilshere is incredible because he is so young. We also need the experience of John Terry, Rio Ferdianand and Scott Parker. You need this kind of player, plus Rooney, I hope."

GRONDONA KEEPS ARGENTINA POST

Even though he's come under scrutiny for alleged fraud and money laundering, Julio Grondona will remain president of the Argentine Football Association after winning re-election for his ninth term.

Grondona, 80, is a member of the FIFA executive committee, a close confidant to FIFA president Sepp Blatter and won unanimously to extend his reign to 2015. 

RANGERS TOPS LIVERPOOL IN FRIENDLY

In a rare October club friendly between UK powers, Rangers defeated Liverpool, 1-0, Tuesday at the Ibrox Stadium.

Lee McCulloch scored the only goal in the 20th minute to lift the Scottish champions, as both teams trotted out reserve-heavy lineups.

U.S. national team winger Alejandro Bedoya started and played 64 minutes for Rangers, while Maurice Edu and Carlos Bocanegra were not part of the squad.

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What do you think of Davies' lawsuit? Think it's a no-brainer for Rooney to be included on the Euro roster? What do you think of Grondona remaining in power? Think Bedoya made the right choice by transferring to Rangers?

Share your thoughts below.

Comments

  1. I understand Charlie’s life has changed DRAMATICALLY after the accident, but this is a very puzzling decision. By all accounts he seems like a God-fearing man, but he needs to consider the family of the woman who lost her life in the accident before pursuing this lawsuit. I have a feeling he may donate the money from the lawsuit winning. If not, then shame.

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  2. The Shadowroom is an upscale bar ALA a Las Vegas bar where it’s bottle service, memberships, table reservations, etc. It is possible that she drank without ever coming into direct contact with a bartender, although the waiter/waitress would have seen her at some point.

    Also, Charlie claims he didn’t run into her at the bar until he was leaving. He only got in the car a few minutes after meeting her.

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  3. He’s wrong for asking these questions for 20 Million. If he didn’t make the initial move of violating curfew he wouldn’t have been involved in any of the unfortunate circumstances that happened that night.

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  4. Don’t make stupid decisions and you won’t need an attorney. I don’t need your edumacation to know that.

    Also, Boston Legal sucked. I learn everything from Law & Order.

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  5. Oh yes this is what is soooo wrong with this country!! These youngsters these days have no respect and have ‘no accountability’!! Back in my day we would never do this! We had respect for one another! I blame these dog-gone kids and their iPhones!! Theyre glued to them and they don’t listen to the radio or read the newspaper! This is what is wring with this country and why it’s going down the tubes.

    I truly hate the people who comment on this site. Hypocrites, pseudo-intellectuals, contrarians, and flat out ignorant a-holes.

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  6. Not if you don’t want to sellout millions of your fans…clearly money is more important to you and lets not forget Charlie…. but I can see where your coming from, if one does not have money then you might assume that, yes why not take advantage of this law and become rich quick on the businesses and lost lives of others.

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  7. learn to read, mgp. my very first sentence stated that i don’t do personal injury (aka ambulance chasing).

    and JJ, everybody hates attorneys until they need one. there’s more to practicing law than what you learned on Boston Legal. your comments just make you sound like an uneducated toolbox. and i’m not fond of insurance companies either; they pay lousy hourly rates.

    I’m not excusing CD’s choices. heck, i’ve never been drunk in my life, and haven’t had a drink since my wedding day 16 years ago. i think drinking alcohol is stupid and often leads to poor choices. but the last time i checked drinking is legal in this country, driving drunk isn’t. so it’s within this framework that the case will be decided.

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  8. How about where he’s suing them because he willingly got in a car with an intoxicated driver? The part where he broke team curfew and was out and about?

    Maybe they did continue to serve alcohol to someone who’s supposedly visibly intoxicated (which is what he says, doesn’t mean other people saw it). And they should be held accountable for it.

    But if she were visibly intoxicated, then why did he get in the car? Why did he not take the keys? He could have called a cab, called a friend. Hell, he could have called team staff. Yeah, sure, maybe Bob Bradley’s pissed and doesn’t dress him for a game or two, but better that than in the hospital with a myriad of injuries.

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  9. What if she wasn’t fetching her own drinks? I don’t know how they do it in DC but over here dudes are always buying drinks for the chicks.

    Also the female could have appeared fine when she ordered her last drink. Usually people “appear” wasted *after* ordering drinks

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  10. I tend bar in MD just outside of DC. We all know about these laws, and that we can be responsible for serving visibly drunk patrons, but…

    I support this law in a situation where the bartender serves a visibly dunk person; then that person gets in an accident with another car; and someone in that car gets seriously injured. The bar is partially liable (along with the driver) for that person’s injury, and that’s fine with me.

    When the person injured is a passenger in the car that caused the accident, I feel that person should lose their right to sue, as they made the decision to get in the car with a drunk driver.

    Also, I’d be curious to hear what the details of the evening were. If the girl was sitting at a table at the club then going to the bar for drinks, unless she’s so drunk she’s falling over or slurring speech, the bartender has no way of knowing. I’ve bought plenty of drinks at clubs while quite drunk (not driving), but able to act sober enough for the ten seconds I had to order from the bartender.

    Regardless of whether legally CD has a right to sue, he needs to man up and take some responsibility for himself, and stop trying to pass off the blame. Lost a lot of respect for the guy when I read this.

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  11. It is a sad and unfortunate tragic accident, I wish the families involved to be able to find peace…..
    As for Mr.Davies….Common sense, alcohol causes impaired judgement, don’t go out and get drunk and then turn around and blame the establishment for letting you get drunk.
    Seriously, if your an adult take responsibility for your own actions, if your still not capable then you shouldn’t leave the house without your parents… Let them babysit you while your out! …. I’m sure he is still looking for answers as to why this happen,and at this point he is looking for someone to blame… but all the money in the world is not going to buy you back a spot on the World Cup… put it behind you and move on… I mean isn’t it a miracle that you are still able to play “Professional Soccer” isn’t that enough???

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  12. Like I told my sons — if you can make it from 15 to 25 without making a mistake that will effect the rest of your life, then you did well. Choose wisely. (and yes, they did -thank you God!)

    Sorry, Charlie.

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  13. Everyone keeps pointing out the it’s the bars fault if they continue to serve someone that’s “clearly intoxicated”, point made. But if she really did appear to be that intoxicated, enough so to find a bar liable, and kept drinking and Davies STILL choose to let her drive…I sure as hell hope he hands the millions to the victims family cause in no way does he deserve a dime in any of this. Man up, Charlie, no lawsuit will ever clear your character.

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  14. Sochaux doesn’t want him, DC United doesn’t seem to want him either based on his post-DeRo playing time… What’s next for Davies?

    Some bottom tier MLS team like the Revs taking a chance on him? NASL?

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  15. The law (you know, the system of rules by which we live?) does not put liability on a passenger in a car. It does put liability on a place that serves alcohol. Fact: if you get someone drunk, you are legally liable for what they do. The parents of the woman killed have also filed a lawsuit (which probably explains this one as well.

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  16. I just lost a ton of respect for Davies.

    I agree with you, but more importantly for me this is like the people suing McDonalds for selling hot coffee.

    Let’s take responsibility for our actions.

    Of course, it’s tragic that this girl lost her life, but no one dragged them in the place. And I sincerely doubt they force-poured alcohol into her.

    How about he just donate half his pay check to MADD and set up his own foundation if he feels so strongly about it.

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  17. This lawsuit really gets me going like it did every one else here. Looks to me like everyone is in violent agreement – a rare feat on SBI. The two biggest points to be made, to me are: 1) Charlie CHOSE to get in the car and 2) Fans have now lost what little respect they had left for him. He’s really turned into such a hypocrite. All his religious talk, etc. Sorry Charlie, but you lost me as a fan. I’ll alway wish you well and hope for a full recovery. But more so I hope you learn why so many fans are all saying the same thing – we wanted you to accept responsibility – which we thought you did. But you have this way of continually alienating your fans after we give you another chance after each bad decision: The accident, speeding, and now the lawsuit. Three strikes and your out in my book. For me, this is the third strike. As someone above said: ‘Look in the mirror.’ Knowing you as we do you’ll probably say you did. OK, fair enough. But this time turn the lights on.

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  18. What a f ing joke. Can’t believe people were jumping up and down for this guy to be on the Gold Cup team, he showed absolutely nothing for DC, and now can barely make the bench. I hope he likes running soccer camps. No respect for this clown.

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  19. If he wins the case then its DISGUSTING!

    I agree that he is a talent and you dont wish what happened on anyone but the girls chose to drink, the girls chose to drive and Davies chose to get in the car it is as simple as that……

    People have no accountability for their actions and are always looking for a scapegoat…a bad example to young people growing up!

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  20. I’m sorry I recall there being alcohol involved in that incident… can you post the article you’re referring to that documents that?

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  21. Okay Mr. and Mrs. Pious, I get you… because he made a mistake that absolves everyone else in the situation is free from any responsibility? I don’t think he’s saying he was an innocent in any of this, just looking for other responsible parties.

    Again, I’m not saying he needs to look at his own self, but that doesn’t mean he’s wrong in asking these questions.

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  22. Good point. Lawyers and legislators should punch each other in the face. The entire system is screwed up and lawyers magnify the flaws and take home a mint for it.

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  23. Oh god, people are always ignorantly repeating this without realizing that they are just quoting insurance company propaganda.

    Mickey D’s wasn’t sued for serving coffee, it was sued for selling unusually super hot coffee that caused 3rd degree burns in a matter of seconds and continuing to do so even years after they knew of hundreds of incidents like this.

    Their punishment was 2 days worth of coffee sales. Oh No!

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  24. To be fair DanO, the coffee was almost 190 degrees and caused 3rd degree burns on her torso, legs, and groin area. It’s not like the cup says Caution: Fatally Hot Coffee That We Know Isn’t Safe But Like the Smell It Creates in the Store.

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  25. It’s nOt illegal to be drunk. It is illegal to be drunk in public, it is also a violation of liquor licensing regulations to serve someone who is drunk. This is why bars hire bouncers, after all. You are, in a lot of cases legally responsible for anything someone you got drunk does after they leave your place.

    What is odd about this article is that it describes the other defendant as ‘the owner of new York red bull’ isn’t that, well, Red Bull? Anyone reading this knows what Red Bull is, right? So why the protective language?

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  26. This lawyer entirely agrees with you, JJ, except for punching myself in the face.

    Sometimes we need to take a step back and taking a common sense approach to things. This flies in the face of that.

    Now, had Charlie been a sober driver or driving with somebody sober and was hit by a drunk driver, I think the situation should change entirely. It’s just that people lack sympathy for those whose poor judgment creates their own problems when they attempt to blame somebody else.

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  27. This isn’t a frivolous lawsuit. It’s a peculiar law. And do you really think insurance companies are a big fan of this law?

    Don’t be angry at the lawyers that apply the law. Get angry at the legislators that make it.

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  28. “Floppies” have nothing to do with it. Most of us can see frivolous lawsuits pretty clearly and this is one of them. It is all about taking responsibility and that rarely happens with today’s lawyers in charge.

    Lawyers, do me a favor and punch yourselves in the face today. You guys, and insurance companies, are the downfall of our great country.

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  29. 1) Any employee of a licensed premise is acting as the agent of the alcohol-serving entity. It doesn’t matter–bartender or server. It is the entity that is ultimately liable.

    2) The circumstances in the nightclub are just part of the evidence that would be introduced in determining whether the intoxicated individual was visibly intoxicated.

    3) Servers and bartenders are responsible for knowing who they are serving. The responsibility is on them, whether a person is in the bathroom or someone is buying the drinks.

    This isn’t next to impossible to prove. The standard is a preponderance of the evidence, which means a fact-finder (likely a jury) need only reach a 51% probability that the licensed entity is liable. This doesn’t seem like an impossible case to win.

    I bet they settle out of court.

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  30. This is whats wrong what this country, no personal accountability.

    The nightclub didnt make him break curfew
    The nightclub didnt didnt refrain CD9 from stopping that drunk girl from driveing
    The nightclub didnt make him get into a car with a drunk driver

    CD9 ruined his own career. The personal most respondsible for it is him. Hes seems like the type of person always looking to blame someonelse.

    By his own reasoning, the family of the deceased should sue CD9 for not stopping the drunk girl from driving.

    Yes, know that DeRo takes the PK’s CD9’s career seems like it will be stuck at mediocre from now on (yes apoligist argue here that such an injury takes 1,2,3,4,5,6 etc years to recover).

    But this is all on CD9 and the drunk driver. But mostly on CD9 for the series decisons which led to the death of a great career and a birth to an average one.

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  31. Yeah seriously, I have no problem with somebody trying to recover 20 million dollars for breaking curfew and accepting a ride home from a drunk driver when he could have easily called a cab.

    CD’s injuries were the result of his poor judgment. There’s something wrong with trying to recover that much money for poor decision-making.

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