Home > News > War Machine's Civil Liability Could Be in the Millions • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

War Machine's Civil Liability Could Be in the Millions

War Machine's Civil Liability Could Be in the Millions
Get XBIZ News
Aug 13, 2014 11:30 AM PDT    Text size: 

TARZANA, Calif. — War Machine's civil liability over the alleged beating of adult performer Christy Mack and her now-revealed partner, former reality TV contestant Corey Thomas, could be in the millions, an adult industry attorney says.

Las Vegas police have issued seven arrest warrants for War Machine, who has not been seen publicly since last Friday's incident at Mack's Las Vegas home.

Mack said that she suffered from 18 broken bones, a broken nose, missing teeth, a fractured rib and a ruptured liver as a result of the hands of War Machine, who is a professional mixed martial artist competing in the welterweight division. He's also a former boyfriend of Mack's and has had scenes in porn productions.

War Machine faces two felony batteries, one for strangulation; two felony domestic violence charges with great bodily injury; felony coercion with the threat of force; felony assault with a deadly weapon; and misdemeanor assault with a deadly weapon.

On the run since Friday's incident, War Machine could face years in prison if convicted.

He also could see the wealth he has shrunk down if he has substantial assets.

Adult industry attorney Allan Gelbard said that if War Machine is indicted and convicted, Mack won't even have to prove liability — just damages.

"Even if he pleads no contest or is acquitted, she can still win a significant amount at trial," Gelbard told XBIZ. "Remember O.J. [Simpson] was acquitted of murder but subsequently found liable for millions.

"Actual damages would cover loss of work, reparative surgery and other medicals, now and in the future, counseling, meds, pretty much any financial expenses this caused her to incur," he said. "Emotional distress from being beaten and the more egregious fear of being killed could be millions. No question she would be entitled to punitive damages as well.

"The Supreme Court has limited punitives to approximately 10 times actuals, but I suspect a jury would likely award enough for the emotional distress claims to provide her a well-deserved life of relative luxury."

Gelbard noted that War Machine may have insurance policies that could possibly reimburse for any settlement or judgment.  

"If so, it's probably a straight limits claim," he said. "California has an old case that holds that if an insurance company refuses to settle a case within the policy limits, then they are liable for the entire amount of any judgment that exceeds the limits. That being said, many, probably almost all, insurance policies expressly do not cover intentional torts — civil wrongs — so if he does have some coverage, they may well reject his claims. But it is policy dependent."

The Tarzana attorney also had some advice for Mack, as well as other adult performers involved in civil cases.

"There will always be some asshole defense lawyer who argues that because she's 'just a porn star,' she should be entitled to less," Gelbard said. "But a good lawyer will beat that argument."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Camming Issue: Profits on Rise for Performers

It’s been 20 years since JenniCam rocked the infant internet with the first adult-oriented live cam shows, revealing the intimate details of this groundbreaking cam performer’s daily life —... More »

Caring About Camming: Academia Takes a Closer Look

Editor’s Note: Rachel Stuart is a PhD Researcher at the University of Kent’s School of Sociology, Social Policy and Research, undertaking an investigation of some of camming’s nuances,... More »

Sex Toy Distributors Bolster Retailer Success With Sex Education

Adult sex education is not only valuable for consumers of sex toys and pleasure products — it is also valuable for companies that are manufacturing, distributing or selling them. Knowledge is power... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!