Mark Sanchez, FOX face civil lawsuit together
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INDIANAPOLIS — When Mark Sanchez emerged from the Adult Detention Center Sunday morning after his fingerprinting, booking and mugshot as a result of the battery felony he faces because of an alley fight in downtown Indianapolis Oct. 4, the former NFL quarterback thanked local first responders and medical professionals for saving his life and the law enforcement and prosecution team that investigated and brought the criminal charges against him.

With his right arm in a sling, protecting injuries from multiple stab wounds, Sanchez shared his focus during an exclusive interview with FOX59/CBS4: “I’m concentrating on my recovery,” he said. “I just want to see my wife, my son, and my two baby girls. There will be a time to address all these questions, but unfortunately, today is not that day.”

Civil Attorney Jeff McQuary, not involved in the case, explained the implications for Fox: “The fact that Sanchez was working for Fox at the time doesn’t automatically make the network liable. For Fox to face trouble, it must be shown that he was either performing duties that advanced Fox’s business interests during the incident, or that Fox knew or should have known about any potential for violence posed by Sanchez.”

”The mere fact that he was working for Fox at this time does not mean that Fox is liable,” said Civil Attorney Jeff McQuary who is not connected to the case. “For the network to be in trouble its gonna have to be shown that either he was on duty doing something to advance the business interests of Fox while this happened or that Fox knew something or should have known something about Sanchez that tipped people off, ‘Hey, this guy could commit some serious violence for no apparent reason.’”

Sanchez and the Fox production team were at the Colts practice facility earlier on Friday to meet with the coaches and players and prepare for Sunday’s game.

It was at half-past-midnight Saturday morning that security camera video shows Sanchez running in an alley between West Washington and West Maryland streets between the Westin and Downtown Indianapolis Marriott hotels when a cooking oil recycling truck driven by Perry Tole, 69, arrives and backs into a loading dock.

According to Tole, and confirmed by security video, Sanchez approaches the truck driver, objects to the location of his truck, and a fight ensues in which Tole stabs Sanchez at least twice in self-defense.

Sanchez is then spotted on another security camera staggering down West Washington Street in a bloody shirt, seeking help at a bar.

Two days after the fight, while he was still recovering from a severe facial laceration, Tole sued Sanchez and Fox Corporation.

”You start with Sanchez himself,” said McQuary. “Uou ask, ‘What were you doing? Why were you out at this hour of the night? Was there any connection to your responsibilities as a newscaster? Or were you just on your own letting off steam at a bar after work?’ They need to find out what, if any, connection this act, Sanchez’s actions, had to his job duties for Fox.

”That’s when you can start comparing it to what the other employees on the Fox team say because you’re interviewing them separately at the same time and you’re asking them, ‘Was the day’s work over? Did you still have more stuff to do? Was everyone together at a bar relaxing after work or, worse yet from Fox’ point of view, still talking at work but just in a bar? That’s what they need to know to decide if they have any liability for what Sanchez did.”

McQuary said the criminal investigation and depositions in the civil lawsuit would expose other Fox Sports employees to questioning that would add context to the felony charge and potential liability for Fox Corporation.

”They will be looking into whether there were any other issues while at Fox and any issues before Fox hired him that could or should have come out in the hiring process,” said McQuary.

While Sanchez has been removed from reporting Fox NFL games, the network has not announced he’s been either fired or suspended with or without pay.

“He would stop talking to them,” said McQuary if Sanchez were fired. “He would get his own lawyer and that lawyer would immediately tell him, ‘Don’t say another word to Fox’ lawyers or anyone working for Fox.’ They can interview him. They can require him to talk to them. He has at least some incentive to cooperate with Fox’ lawyers because he’d like them to pay his lawyer and any judgment against him.”

McQuary said its likely Sanchez has a clause in his contract that would provide for his immediate dismissal for misbehavior deemed detrimental to his employer or pending a criminal conviction.

”Anytime you are the public face of a large corporation they will almost certainly put in the contract, ‘If you embarrass us, if you drive our name through the mud, you’re gone,’” he said. ”I think everyone’s looking at that clause. My guess is that’s it probably a fairly simple and straightforward clause that’s not going to leave a lot of debate about whether a drunken stabbing fits within it.”

McQuary expects the felony battery charge will eventually be negotiated to a misdemeanor guilty plea by Sanchez’s noted local defense attorney Jim Voyles.

“The fact that he is a former NFL star and a current Fox Sports personality is probably going to wind up dragging things out,” said McQuary. “Lets face it, a celebrity is involved, the rules are different for them, and this may be one of the cases where it actually works against him to be a celebrity instead of in his favor.”

McQuary said the truck driver and his attorneys made a tactical decision to include Sanchez’s employer in the suit, locking the two defendants into one likely settlement decision.

”Because Fox has a lot more money. Fox is a deep pocket and if they can show that Fox knew or should have known that Sanchez is likely to become violent, drunk and violent, then Fox could wind up on the hook for a lot of money,” said McQuary. ”If this becomes enough of a nuisance, they could make that decision. Fox has settled some big cases to avoid entangling its executives and its talent in some embarrassing depositions. The criminal cases move faster, a lot faster, than civil cases but obviously the attorneys on both sides in the civil case will be looking at the criminal case and that’s really going to drive the settlement.”

Sanchez will be in court on Nov. 5 for his initial hearing on criminal charges.

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