Man Wins Suit vs. Parents Who Threw Away His Porn Collection (or, How Pornography Is Like Wine)
This case has been in the news, because of a decision last month by Judge Paul L. Maloney (W.D. Mich.) granting the plaintiff summary judgment (Werking v. Werking); but the more interesting legal analysis can be seen in a decision from last year, denying defendants’ motion to dismiss and for summary judgment:
David Werking moved into his parents’ home in Michigan on October 5, 2016 [after he and his wife got divorced]. He moved out on August 23, 2017, leaving some of his possessions in the basement. Those possessions included a trove of pornography and an array of sex toys.
In November, Plaintiff requested that his parents return his property, and they did so—in part—on December 16, 2017. The pornography and sex toys were not among the possessions returned to David. Instead, the Defendants stated that “the items were destroyed.”
In the months that followed, David and Paul discussed what happened via email. On January 1, 2018, Paul wrote in one such email: “I do not possess your pornography. It is gone. It has been either destroyed or disposed of. I may well have missed a few items that are now in your possession, but at this point, if you don’t have it, it is gone. Ditto for your sex toys and smutty magazines.”
Paul added, “Frankly, David, I did you a big favor by getting rid of all this stuff for you.” A few months later, after local police became involved, Paul wrote another email, explaining why he had destroyed the porn: “Believe it or not, one reason why I destroyed your porn was for your own mental and emotional health.” …
Plaintiff filed suit in this Court, claiming that the value of his destroyed property was $25,557.89. He proceeds with a single-count complaint, raising statutory conversion under Michigan law. To prevail on his claim, David must establish that the Defendants converted his property “for [their] own use.” See Aroma Wines & Equip, Inc. v. Columbian Distribution Services, Inc. (Mich. 2015). If he prevails on the el
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