california homeowners liability

[hatfield]

we live in california. We own our home. our neighbors bought their home about 5 years ago. there has been alot of squabbles between the families. in march of 2000, my husband was trying to walk down the sidewalk to look at a yard sale. the neighbors had the sidewalk blocked so my husband could not walk through. the woman saw my husband trying to get past on the sidewalk and put a blue barrel in front of him. he pushed the barrel aside so he could continue. her booyfriend then, kicked my husband in the hip and took the palm of his hand and hit my husband's nose trying to force his nose into his head. my husband's head was pushed all the way back. the man was arrested, but the da dropped the ball. there were independant witnesses and the battery was captured on video. We were told that the man's homeowners insurance should pick up the bill for the damages, but we don't know how to word the complaint. Could someone give me some ideas? (our 1 year is almost over) thank you...

 

[ALawyer]

Trying to handle this on your own is a sure fire way to escalate matters. Unless that is your objective, get some legal help. I suggest a neutral 3rd party, like a clergy person, might have the 2 neighbors reconcile.

Your husband may well have a civil claim for BATTERY which can carry punitive damages. But getting a 3rd party to think it through with you, review the evidence and point out the pros and cons, and then if there is merit, filing the papers will be VERY worthwhile. You see, the other side will try to show provocation and may turn around and sue you backfor abuse of process, and who knows what.

Don't expect the other guy's homeowners policy to write a big check just because you have sued. They'll laugh, file a reservation of rights (intentional torts are excluded from homeowners policies) and not settle.

When you say the "DA dropped the ball", that sets off alarms in my mind, and any judge's. I wonder what the DA or other side would say.

This cries out for neighborhood mediation.