lookn4help
Junior Member
What is the name of your state? Oregon
In January of this year my then 18 year old son was the victim of an assault. The assailant was 17. My son was trying to stop a fight from starting between the assailant who was supposedly a “friend” of the other victim. He stepped between the two and got punched in the mouth. Two teeth were knocked out. After being knocked unconcious and hit multiple times on the ground, the other kid got a broken jaw requiring surgery and spent 2 days in the hospital. Neither victim laid a hand on the assailant. The assailant’s parents are both sheriff’s deputies. Mother is a local deputy, father lives in another state. The sheriff’s office investigated and interviewed witnesses (all kids). And, they had copies of emails the assailant sent bragging about what he had done. The DA filed assault and disorderly conduct charges on behalf of the other kid. He did not file on behalf of my son because he had “placed himself in harm’s way” or some such BS.
Come August, the assailant turns 18 and wants to go into the Marines. They won’t take him because of the assault. So he and his mother cut a deal with the other victim to pay his uninsured medical expenses ($2,000) and the DA drops the charges so he can go into the Army where he is now. My son was not included in the deal. My son required a bone graft, implants, etc. totaling over $23,000 in medical expenses not all of which are insured. I sent a registered letter to the mother detailing the expenses and asking if she would like to discuss settlement to avoid legal action. No response. I send a second letter after charges were dismissed offering to discuss settlement. She refused delivery.
According to Oregon law (ORS 30.765), parents are liable for torts by their child with a limit of $7,500 however both the parent and child must be named defendants. I would like to sue in small claims court for the $5,000 max rather than hire an attorney to sue in civil court for the full $7,500.
My questions: I found out how to locate the son via the Army locator. (I have his full legal name and DOB from the police report but not his SSN.) Once located, how do I serve him? I figure the sheriff can find mom to serve her
. I have read the SCRA and realize that the son may be able to drag this out. Is he required to attend court proceedings if the parent is really the party being sued? I would appreciate any advice! Thanks.
In January of this year my then 18 year old son was the victim of an assault. The assailant was 17. My son was trying to stop a fight from starting between the assailant who was supposedly a “friend” of the other victim. He stepped between the two and got punched in the mouth. Two teeth were knocked out. After being knocked unconcious and hit multiple times on the ground, the other kid got a broken jaw requiring surgery and spent 2 days in the hospital. Neither victim laid a hand on the assailant. The assailant’s parents are both sheriff’s deputies. Mother is a local deputy, father lives in another state. The sheriff’s office investigated and interviewed witnesses (all kids). And, they had copies of emails the assailant sent bragging about what he had done. The DA filed assault and disorderly conduct charges on behalf of the other kid. He did not file on behalf of my son because he had “placed himself in harm’s way” or some such BS.
Come August, the assailant turns 18 and wants to go into the Marines. They won’t take him because of the assault. So he and his mother cut a deal with the other victim to pay his uninsured medical expenses ($2,000) and the DA drops the charges so he can go into the Army where he is now. My son was not included in the deal. My son required a bone graft, implants, etc. totaling over $23,000 in medical expenses not all of which are insured. I sent a registered letter to the mother detailing the expenses and asking if she would like to discuss settlement to avoid legal action. No response. I send a second letter after charges were dismissed offering to discuss settlement. She refused delivery.
According to Oregon law (ORS 30.765), parents are liable for torts by their child with a limit of $7,500 however both the parent and child must be named defendants. I would like to sue in small claims court for the $5,000 max rather than hire an attorney to sue in civil court for the full $7,500.
My questions: I found out how to locate the son via the Army locator. (I have his full legal name and DOB from the police report but not his SSN.) Once located, how do I serve him? I figure the sheriff can find mom to serve her
. I have read the SCRA and realize that the son may be able to drag this out. Is he required to attend court proceedings if the parent is really the party being sued? I would appreciate any advice! Thanks.
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