Lawsuit: Adjourned JB3335 v. Mebis [2020] DCR 3

[Westray]

COURT OF DEMOCRACYCRAFT

Proof of Representation:

JB3335 (Represented by Westray)
Plaintiff

v.

Mebis
Defendant

COMPLAINT
The Plaintiff, JB3335, complains against the Defendant, Mebis; as follows:

WRITTEN STATEMENT FROM THE DEFENDANT

I was called in to treat LilSorrow for an open wound. I called LilSorrow to a room, and got the treatment for the player. As I was entering the room to address my patient, Mebis entered the room right behind me, as he has done countless times. I asked him to leave, and he claimed that he was LilSorrow's boyfriend and refused to leave. So I left it at that. I was conversing with my patient, as they were unable to fund their treatment, so I was discussing options. Mebis leaves the server when I ask if he can cover it. The treatment is covered, I treat my patient, and then Mebis rejoins, coughs and infects me with Whooping cough. You cannot catch whooping cough just out of thin air in the hospital, there are visible prompts that show up indicating that something is not right with your health. Mebis then proceeded to hit the doctor callout button with me standing right next to him, and he would not respond to my prompts to help him with his disease.

I. PARTIES
1. JB3335, a doctor and citizen of DemocracyCraft
2. Mebis, a citizen of DemocracyCraft

II. FACTS
1. The Defendant, Mebis, who was aware that he had the contagious disease of whooping cough, entered an enclosed room with the Plaintiff, JB3335.
2. The Plaintiff asked the Defendant to leave the room, but the Defendant refused to do so.
3. The Defendant coughed and caused the Plaintiff to contract whooping cough.
4. The Defendant failed to seek proper medical treatment for a contagious disease in a timely manner.

III. CLAIMS FOR RELIEF
1. Due to the negligent actions of the Defendant, the Plaintiff contracted whooping cough, and had to pay medical costs for their own treatment.
2. The Plaintiff had to suffer with the disease of whooping cough, which was caused by the Defendant.
3. The Defendant was given the opportunity to reimburse the Defendant for only his medical costs out of court, but the Defendant refused. Therefore, the Plaintiff has incurred legal fees by bringing this to court.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Compensatory damages for the medical cost, $14.50
2. Compensatory damages for the suffering, $50
3. Compensation for legal fees incurred, $100

 

[Mike_Zondernaam]

IN THE COURT OF DEMOCRACYCRAFT
WRIT OF SUMMONS

Case no. 06-2020-05

JB3335
(Westray representing)
Plaintiff

v.

Mebis
Defendant


WRIT OF SUMMONS


TO: Mebis

You are NOTIFIED about the above named action.
If you fail to Awsner to the complaint within 24 hours the court may enter a default judgement.
(Be sure to address each allegation separately.)

DATED: This 19th day of June 2020 12:13 CEST

 

[Wuutie]

I, wuutie, will defend mebis in this case.

 

[Wuutie]

There are some problems with how he described the events, your Honor.

Mebis was searching for a doctor in the hospital and saw JB3335 in a room, he didnt saw the patient, his girlfriend, immediately. He entered the room and saw that his girlfriend was being treated by JB3335, so he waited with her to be taking care of. This is a normal situation, in real life you just enter with your girlfriend, if she wants to, and leave it together. He thought it was okay, because they are 2 people with a very close relationship.

JB3335 never asked Mebis to leave the room because his girlfriend was treated by JB3335. JB3335 is a doctor, so every one who is ill with for example, plague would treat a patient, the chance of getting the sickness is big because you are in 1 room.

Normally doctors would keep some distance from this patient because its very infectious. JB3335 failed in this case to keep distance. Mebis was there to be taking care of, after his girlfriend was treated.

He doesnt have any evidence that JB3335 asked Mebis to leave the room. There werent winesses neither, so they are supporting this case just from what he saw and could give a twist in the story. This story isn't reliable. Please take this in count. Thank you, your Honor.

So I dont see any points that proves that my client needs to pay a doctor for doing his job wrong. If we can't go to a doctor anymore for being treated with a sickness, because everyone is afraid to get sued, this world would go down.

Your honor, if you would punish my client, you would have a lot of these cases in the next weeks. Thats why I ask to let my client walk free out of this.

 

[Mike_Zondernaam]

Westray do you have any evidence that supports your claim that Mebis intentionally infected you? Or are there any witnesses you would like to hear?

Wuutie would you like to submit any witnesses or evidence?

(Please respond within 24 hours or the court will continue without reviewing any additional evidence.)

 

[Westray]

Your Honour, we do have evidence to prove JB3335’s story correct, that Mebis did intentionally infect the Plaintiff. We have 5 pieces of evidence, which I will go over each shortly.



Firstly, the screenshot in Exhibit #1 outlines the diagnosis of whooping cough of the defendant, shortly after the situation in the hospital.

Spoiler: Exhibit 1

Then, in Exhibit #2, we have a screenshot of the Defendant, Mebis, admitting to going to the hospital for whooping cough. This proves that (a) the Defendant had the same disease that the Plaintiff had been diagnosed with; and (b) the Defendant was aware of the disease he had and knew the risk he posed to the Plaintiff.

Spoiler: Exhibit 2

Furthermore, it was just recently I was able to figure out a way to retrieve your personal chat logs. If you go into %appdata% into .minecraft into logs, you can extract those files to make them readable. These logs here in Exhibit 3 prove the legitimacy of the Plaintiff’s story, where he mentioned asking Mebis to cover his friend’s cost and Mebis leaving and then proceeding to re-join. These logs also tie into Exhibit 4.

Spoiler: Exhibit 3

In Exhibit 4, you can see that the Defendant, Mebis, coughs and infects the Plaintiff, JB3335, with his disease. In both of the logs, the Defendant fails to make it aware that he is infected. It is only until he coughs and infects when it is made aware. After the Defendant infects the Plaintiff, he proceeds to push the medical assistance sign (which he never did before). The Plaintiff then prompts the Defendant to help him, by stating “how can I help you mebis” and “lets head to a room”. The Defendant ignores their prompts. This is a blatant violation of medical laws as he was openly ignoring and refusing to be treated in a timely manner.

Spoiler: Exhibit 4

Finally, I decided to ask a Sergeant who happened to be on at the time about the Defendant's criminal history. They were willing to confirm that he did in fact have a pattern of committing crimes. It may also be noted that the Defendant has had criminal charges against him in the past. This establishes the Defendant's likely intent, given that he has had a lack of respect for the law in the past.

Spoiler: Exhibit 5

 

[Wuutie]

I don't want to submit any evidence, but as you can see there is no evidence of JB3335 asking to leave the room.

 

[Wuutie]

Objection: irrelevance of piece of evidence number 5. His history doesnt matter in this story.

 

[Mike_Zondernaam]

Objection sustained. Character evidence is not allowed in this case.

 

[Westray]

My apologies, your Honour.

Nevertheless, exhibits 1-4 establish that Mebis was well aware of his disease and failed to notify a doctor until he had already spread it to JB3335. Exhibit 4 also establishes that afterwards, Mebis ignored JB3335's prompts to treat the disease, thus violating the section of Contagious Diseases:

Contagious Diseases

Refusal of treatment of a contagious disease in a timely manner.

Per Offence: The player will be detained by Police, fined for the cost of cure, as well as an additional fine of $20. The player may also be liable for others’ health costs should they be responsible for transmitting the disease - this can be disputed in court.

As seen in the law, it states that this particular violation can be disputed in court as the player responsible for refusing treatment may be liable for the health costs of others due to disease transmission. The Defense would like to claim that this case will change things and allow everyone to be sued, but that is simply not true. This law has been around before this case, allowing anyone to sue for negligent behavior resulting in the spread of disease.

 

[Wuutie]

Objection: not following the format for a lawsuit. If we start this way, I want to comment on his evidence. I ask that he would delete that message immediately, your Honor.

 

[Mike_Zondernaam]

Objection overruled he is allowed to comment on your objection?

And he doesn't have to edit his post. The court won't consider the 5th exhibit.

 

[Mike_Zondernaam]

Are both parties redeay to set a trial date?

 

[Wuutie]

I am, your Honor.

 

[Mike_Zondernaam]

A trial was held in game. This matter has been adjourned in favor of the defendant.