The criminal case against former NFL quarterback and former Fox analyst Mark Sanchez is moving quickly. The civil case is moving more slowly, as civil cases usually do.
This week, the parent company of St. Elmo Steak House in Indianapolis filed a response to a civil complaint accusing the establishment of serving Sanchez alcohol when he was visibly intoxicated or impaired.
As expected, St. Elmo denies liability. That happens in virtually every civil case that is ever filed. The plaintiff makes a series of allegations in the complaint, and the defendant denies all of the important ones in the answer — regardless of whether the facts eventually show otherwise.
It’s a simple process of framing the case, with the defendant also adding a typically long list of boilerplate “affirmative defenses,” which could potentially reduce responsibility even the facts as alleged by the plaintiff are true.
Eventually, the discovery process will commence. Sanchez will be questioned under oath, probably at length. Key employees of St. Elmo will be questioned, both as to the policies and practices for serving alcohol and as to the events of the night in question. Surveillance video will be reviewed.
The involvement of Fox as a defendant adds another universe of potential discovery, focusing on issues such as the extent to which Fox knew or should have known that Sanchez has an alleged propensity to become impaired while traveling for Fox business, and whether he was present at St. Elmo in connection with a Fox gathering.
Obviously, the most important facts will relate to the altercation between Sanchez and 69-year-old Perry Tole, who was allegedly attacked by Sanchez before stabbing him three times, allegedly in self-defense.
Much of the evidence for the civil case will come from the criminal case, if it goes to trial. Testimony given during the criminal trial, from witnesses like Tole and relevant police officers and other witnesses, will be extremely relevant to the civil case, especially if any witness deviates while testifying in the civil case from testimony given in the criminal case.
Through it all, St. Elmo, Fox, and Sanchez will be racking up legal fees, from firms that charge by the hour. St. Elmo likely has an insurance policy, which would require the insurance company to finance the defense. Fox may have one, too. (Tole’s lawyers undoubtedly will receive a percentage of the recovery, since most people can’t afford to pay a lawyer by the hour for a case that could, in theory, generate no verdict or settlement.)
Regardless, this thing will quickly get expensive as the defense lawyers start churning the file and racking up fees. At some point, one or more of the defendants could make a business decision to make a settlement offer that Tole will accept.
Most civil cases are settled. Until they are, everyone must assume that a trial will happen — and they’ll need to act accordingly.
