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Assaulted

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belle202

Junior Member
:eek: What is the name of your state?NEW JERSEY
My boyfriend came out of a seven-eleven and went into his car to leave when a drunken man started pounding the back of his trunk. My boyfriend told him to back off and then the man came up to his driver's window and put his rear-end through the window. Apparently my boyfriend became upset and forcefully opened the car door and got out. They yelled at eachother while 3 other men, all of the drunken man's friends, surrounded my boyfriend. The drunken man hit my boyfriend and my boyfriend swung back. All four of the men began beating up my boyfriend. Shortly after a cop had pulled in and witnessed what was happening and three of the men ran while the one drunken one was still fighting my boyfriend. My boyfriend filed a police report and went to the hospital. He was bit several times all over his body and is using severe antibiotics. He also sprained his ankle and has severly bruises, scratches, and bumps to his head and body. He does not have any health coverage and has already been to the hospital to recieve care. He must go back to the hospital to constantly have his bite marks checked as they are severe and caused concern to the doctor who saw him. He was told they caught two of the men who beat him up and was told by the police to press charges. He has one cop as a witness. Does he have a chance in court to sue for assault? Can he atleast get his hospital charges paid by the assaulters?
 


rmet4nzkx

Senior Member
He has several options.
If charges were pressed, then sometimes restitution is a part of the sentence.
If these men have financial resources, he can sue civilly.
If these men, depending of where they obtained their liquor and how intoxicated might be able to sue the bar or store providing the liquor depending of the state and circumstances, I say this as while this occured in NJ, the liquor may have been obtained in a neighboring state.
I suggest he contact an attorney ASAP. Bite marks make for good forensic evidence.
 

teflon_jones

Senior Member
He can't sue for assault, that's a crime. He can sue for his medical bills and pain and suffering. Based on your story, these men are responsible for your boyfriend's medical bills.

There's a good lesson in this: Drive away and call the police.
 
S

seniorjudge

Guest
He can't sue for assault, that's a crime.


Post your legal authority for this astounding statement.
 
S

seniorjudge

Guest
belle202 said:
:eek: What is the name of your state?NEW JERSEY
My boyfriend came out of a seven-eleven and went into his car to leave when a drunken man started pounding the back of his trunk. My boyfriend told him to back off and then the man came up to his driver's window and put his rear-end through the window. Apparently my boyfriend became upset and forcefully opened the car door and got out. They yelled at eachother while 3 other men, all of the drunken man's friends, surrounded my boyfriend. The drunken man hit my boyfriend and my boyfriend swung back. All four of the men began beating up my boyfriend. Shortly after a cop had pulled in and witnessed what was happening and three of the men ran while the one drunken one was still fighting my boyfriend. My boyfriend filed a police report and went to the hospital. He was bit several times all over his body and is using severe antibiotics. He also sprained his ankle and has severly bruises, scratches, and bumps to his head and body. He does not have any health coverage and has already been to the hospital to recieve care. He must go back to the hospital to constantly have his bite marks checked as they are severe and caused concern to the doctor who saw him. He was told they caught two of the men who beat him up and was told by the police to press charges. He has one cop as a witness. Does he have a chance in court to sue for assault? Can he atleast get his hospital charges paid by the assaulters?

Make sure BF gets an AIDS test.
 

teflon_jones

Senior Member
seniorjudge said:
He can't sue for assault, that's a crime.


Post your legal authority for this astounding statement.
Perhaps I could have worded my statement better:
He can sue for the damages resulting from the assault. He can't sue for the act itself.
 
S

seniorjudge

Guest
He can't sue for the act itself.

Post your legal authority for this astounding statement.
 

teflon_jones

Senior Member
seniorjudge said:
He can't sue for the act itself.

Post your legal authority for this astounding statement.
What do I need legal authority for? If you're saying I'm wrong, then please cite a successful case or law that backs you up.

You don't sue for a crime. You sue for damages resulting from a crime. I'm just trying to straighten out the poster's wording since that's key to understanding the options.
 
Last edited:

teflon_jones

Senior Member
Ok, so we're getting into semantics. A tort has been committed here, and more specifically an intentional tort, assault & battery. Yes, her boyfriend can sue for the tort. What he would specifically be suing for are any damages resulting from the tort, assault & battery. The tort is the basis for the case. :)
 

You Are Guilty

Senior Member
teflon_jones said:
What he would specifically be suing for are any damages resulting from the tort, assault & battery. The tort is the basis for the case. :)
Are you saying that if I am assaulted and/or battered but sustain no damages, if I sue, I'll lose? (Did I not get the memo that did away with nominal damages?)


:p
 
S

seniorjudge

Guest
You Are Guilty said:
Are you saying that if I am assaulted and/or battered but sustain no damages, if I sue, I'll lose? (Did I not get the memo that did away with nominal damages?)


:p
Methinks teflon needs to read Prosser, Torts.

Or mayber Restatement of Torts.

Something!

He seems unable to grasp the concept....
 

You Are Guilty

Senior Member
seniorjudge said:
Methinks teflon needs to read Prosser, Torts.

Or mayber Restatement of Torts.

Something!

He seems unable to grasp the concept....
I prefer Pop Torts myself - the new S'mores flavor is great.
 

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