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Tuesday, July 8, 2008

Court documents: Collins lawsuit was not properly served because of address error

By Mike Belt

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A certified letter about a personal injury claim sent to KU basketball player Sherron Colins had an incomplete address on it, Collins' lawyers argued in court filings recently.

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A certified letter about a personal injury claim sent to Kansas University basketball player Sherron Collins had an incomplete address on it, court documents filed Tuesday say.

The "return receipt requested" letter was not signed by Collins and, therefore, could not be delivered absent a signature, according to new motions filed by his attorney in Douglas County District Court.

The documents are the latest filings in a lawsuit filed in May by Jessica J. Brown, a former Jayhawker Towers employee who claims that in May 2007 Collins exposed himself in an elevator and rubbed against her. Last month a judge granted a default judgment to Brown because Collins had not responded to her lawsuit.

Collins has since filed motions to have the judgment set aside. Collins argues he thought an attorney who formerly represented him was handling the lawsuit.

Collins noted that at the time the personal injury claim letters were sent in March his schedule was complicated because of travel to NCAA tournament games.

Collins denies Brown's allegations, and he has not been charged with a crime.

Comments

jaybate (anonymous) says...

Please clarify who filed the court documents: the court, the plaintiff's attorney, or the defendant's attorney?

July 8, 2008 at 7:37 p.m. ( | suggest removal )

frompekka2sasha (anonymous) says...

Hmmmm... I thought they were "personally" delivered to Sherron according to a past article. I guess someone needs to explain that article.

July 8, 2008 at 11:23 p.m. ( | suggest removal )

oldboy (anonymous) says...

It seems to me that a lawyer has beat our system once again. Also, if that group of papers were hand delivered someone managed not to tell the truth when they may not have gone to the right address.It looks like another one bites the dust and I don't think it will be Collins.

July 8, 2008 at 11:34 p.m. ( | suggest removal )

imnotpaulpierce (anonymous) says...

Fortunate for Collins... but UNfortunately, this will only make it look like Collins is getting off due to technicality--not because of his innocence.

July 9, 2008 at 2:43 a.m. ( | suggest removal )

KoolKeithFreeze (anonymous) says...

I can't believe you fans who actually live in Lawrence don't have any more gossip about these allegations. I mean, does Collins just claim it flat out didn't happen and that the woman is crazy? Or is it a case of false identification (I've been wondering if C.J. Giles was still in town when this took place)? Or were they getting down in the elevator and he pulled his junk out and she was like "whoa, I'm not the love in the elevator type and now I'm gonna sue you" (ie. the date-rape scenario)? Or did he actually do it? I'm just surprised that nobody on these message boards has heard any rumors or gossip about what may have actually gone down...

July 9, 2008 at 2:45 a.m. ( | suggest removal )

5DecadeHawk (anonymous) says...

The Lawrence Journal Inquirer strikes again.These latest papers filed in court are not news.These are the typical expected responses.I don't know who is telling the truth in this case, and neither does Mike Belt. Perhaps we should all follow Mike Belt around and write articles reporting on pieces of paper he submits around town.I'd make up a few examples and list them, but he'd probably claim I was defaming him...(just like this incessant drumbeat of articles are defaming whoever is telling the truth in this very sad court case.)The Journal Inquirer tabloid should leave this case alone and not report further until it is resolved in the courts. Their attempts to try this case in the press is pointless profiteering. They are taking advantage of someone just to boost their advertising sales.If you agree, why don't you call the businesses that are advertising right next to this article on KUSports.com and inform them that you won't support their business as long as this irresponsible behaviour continues.Auto Exchange(785) 843-1010Call them. Tell them you won't support a business that advertises in an irresponsible tabloid.There are plenty of other places to take your automotive business.

July 9, 2008 at 5 a.m. ( | suggest removal )

NH_JHawk (anonymous) says...

This is laughable. Incomplete address? Then please explain to me how someone like the KU Endowment/Alumni Association can find you everytime (and it doesn't matter how many times you've moved or where...they STILL find you) but a legal proceeding cannot obtain an address for a star basketball player who's living right on Campus? Ridiculous...

July 9, 2008 at 7:25 a.m. ( | suggest removal )

KGphoto (anonymous) says...

True. This is NOT news. So much so, we should stop posting.Sherron is innocent until proven guilty. That's still the way it works. I know lawyers work the system, but you can't change that. The only solid legal method is "innocent until proven guilty".That's the news.

July 9, 2008 at 9:50 a.m. ( | suggest removal )

hometownhawk (anonymous) says...

Yes, 5DecadeHawk, how dare a Lawrence business advertise in the Lawrence newspaper. That's so irresponsible we should boycott. I hope you were joking, because otherwise you're just out of your mind.

July 9, 2008 at 10:38 a.m. ( | suggest removal )

mvjayhawk (anonymous) says...

the more information that comes out, the better is sounds for Sherron.Remember, this case wasn't even in the news AT ALL....until the judgement came down....and it was already over a year since the "incident" occurred.

July 9, 2008 at 10:39 a.m. ( | suggest removal )

etanking (anonymous) says...

Notice to KU Athletes: Stay out of the news! It's not only bad for you but the university! Thank Youheismanduds.com

July 9, 2008 at 10:40 a.m. ( | suggest removal )

OutlawJHawk (anonymous) says...

First, Collins is not "off the hook." If he was not properly served, it just means they will "re-do" everything. They will re-serve him and his counsel and there will be another court date where he and his attornies will have a fair chance to defend the allegations. The default judgement was bunk...let the young man have his day in court. And remember this is not a criminal case; he has not charged nor tried not convicted of breaking any law. This is a civil case related to someone alleging he caused her pain and suffering during a 20 second elevator ride that is deserving of a cash settlement. Nothing like the healing power of money.

July 9, 2008 at 11:12 a.m. ( | suggest removal )

KUFan90 (anonymous) says...

Right on Outlaw. Also, if the return receipt letter wasn't signed by Collins, I think that IS news.Also NH_JHawk : the proper legal procedures must be followed. You can't throw out the process just because the defendant is "a star basketball player". Should that fact alone allow for mistakes in the address or the process and make it "ok"? "The address was incomplete, and there is not a signature with the return receipt letter, but since this is a star basketball player let's just over look that fact since everybody should just intuitively know where Sherron lives."

July 9, 2008 at 11:54 a.m. ( | suggest removal )

FlaHawk (anonymous) says...

I wpnder why every time I am served they come to my work and serve me! You can do it by mail, but don;t understand how this could be over looked (not properly served). The Judge should have caught this.This whole episode is so sophmoric. The University, the KU AD, Collins and of course the accuser. Throw in months if not a year to get evidence tested and it sounds like Lawrence is a place where justice moves sort of slow and rather amateurish!Lawrence and Douglas County may be a contender for ESPN Titletown, but legally/judiciusly they appear to be in the drak ages.

July 9, 2008 at 11:59 a.m. ( | suggest removal )

actorman (anonymous) says...

As frompekka said, earlier they were saying Sherron had been served personally. And there was the excuse about how he thought his other lawyer had handled it. Now it's about it being delivered to the wrong address. Who knows WHAT to believe, but one thing I do know: 5Decade has officially lost his mind.Imagine the NERVE of a newspaper to report the NEWS that a document is filed in a court case involving a local celebrity. Why, they should clearly all be taken out and shot.5Decade, I defy you to name ONE newspaper in America who wouldn't cover something in this way.

July 9, 2008 at 12:43 p.m. ( | suggest removal )

actorman (anonymous) says...

"they appear to be in the drak ages."Although FlaHawk clearly meant the dark ages, perhaps "dreck" ages would be more appropriate, given how this whole case is being handled.

July 9, 2008 at 12:46 p.m. ( | suggest removal )

NH_JHawk (anonymous) says...

KUFan90 - You missed my point completely. I never suggested that they should throw out the entire process just b/c Sherron is a star basketball player. Far from it actually. My point was that it's completely ridiculous that the address was incomplete. To illustrate how ridiculous it is, I'm suggesting that if the KU Endowment can find me here in NH, after moving about 10 times since I graduated KU, then it should be a no brainer to be able to locate the address of someone locally in Lawrence....and especially since we're talking about a "star athlete." Finally, if you've spent much time on campus as a student, it's completely reasonable to assume that most KU Athletes live in Jayhawk Towers so intuitively everybody does know where they live.

July 9, 2008 at 3:30 p.m. ( | suggest removal )

cobweb (anonymous) says...

Collins needs to find Jesus fast.

July 9, 2008 at 4:29 p.m. ( | suggest removal )

jhwkfan162515 (anonymous) says...

I'd just as soon they figure out a way to settle this and be done with it. Memo to other members of the basketball team: Regardless of whether Sherron is guilty or innocent, don't ever make any moves around the opposite sex that they might interpret as harrassment. The stakes are too high, especially at a high-profile basketball program like KU.

July 9, 2008 at 8:55 p.m. ( | suggest removal )

fansincewilt (anonymous) says...

I sure hope Collins didn't do this. I don't see how anyone could prove such a thing. I think he will go free whether or not he did it simply because it is so difficult to prove. His steal and 3-pointer was the real turn of a game that was lost. He is as big as a hero as Chalmers. But, if he did this, he needs to be punished. Again, I sure hope he didn't. We really need him next year. He very well could be our leading scorer.

July 9, 2008 at 9:39 p.m. ( | suggest removal )

pbowman2 (anonymous) says...

There are way too many people posting on this subject that know nothing about the judicial system. In due course a judge will make a ruling about the service of the summons--whether it was proper or not. If not the judgment must be reversed. If it was proper, the judge may still decide to set the judgment aside and allow Collins to file an answer and have a trial. Up to now, there has been no ruling on the actual claims made against him. I hope he didn't do what is alleged; but if he did ................

July 10, 2008 at 10:54 a.m. ( | suggest removal )