want she's arguing negligence in that, which if those are approvable, she might be entitled to some damages but she has to prove a loss of earnings or a loss of capacity of earnings for her to succeed on her defamation case. >> yes, she'll have to prove those damages, but first, she has to prove who is responsible for those damages. and she has to prove that those are damages sustained as a result of that negligence. i can see attack on the damage case as well. >> there's basketball hall of famer, scottie pippin, suing a little kid for coloring, allegedly, that damaged his floater mansion. exhibit ayes while defendants were tenants in the property, they defaced certain elements of the property, with the markers and crayons, as a direct and proximate result of failure.