Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 9/11/2005 7:43:51 AM EDT
So last night, couple buddies of mine went out to a few bars, met up with some lady friends, did some dancing, had a good time. We get back to my friends apartment, and two of my buddies notice that a few floors under them there's a beer pong table. The arcitecture of this place is real cool, like you take an elevator up to a platform and then walk to your room. i.e. kinda like a hotel. Anyways, you can see down to all the floors below and on the fourth floor there floor is actually solid, like its not just pathways, but a full floor. ANYWAYS, my two buddies go to play beer pong on this table and are accompanied by a third friend. Me, thinking this is awesome as hell since I brought a girl back with me, go into the apartment and start making out on my friends bed. About fifteen minutes later, I hear a bunch of yelling coming from the fourth floor. Aparently, the drunken owner of the beer pong table was pissed off that they were using his table, and start yelling obceneties at my three friends for using his table. My buddies leave and as they're walking up the stairs, this guys verbal abuse is getting worse and worse and one of my friends yells to him to "shut the fuck up." This guy in an orange shirt decides to follow my buddies, with his roommates following him to the front door. By this point, I'm outside and my lady friend is as well. What happens next is yea.... The guy starts bitching at my friend and pushes him. I, being the "big guy" of the group decide to get between them the orange guy and tell him "Look, I'm sorry for what happened, go back downstairs and we'll call it a night." So basically now, we have about 10 people in front of this door on the walkway, who would all be witnesses to what happens next. He pushes me, and then gets in my face and asks me "What am I going to do about it?" He is literally nose to with me. I give him a shove, tell him once again to leave. He advances again, attempts to take a swing at me. I then land a right hook, which knocks hom down completely. He is on the ground, cold. His friends instantly fall silent and check on him. Cops and an ambulance are called. The cops ask a few questions and come up to me, and I'm thinking... I'm fucked. The Officer walks up to me and asks, "do you want to press charges?" I ask for what, and apparently he's going away for assualt. Furthermore, they say that my actions were totally justified. Meds come, and this guy is fucked up. Aparently I broke his cheek bone. As the adreline starts wearing off, I realize that my hand hurts like a mother so I decide to go to the ER, and thankfully nothing broken. My hand still fricken hurts though. Anyways, I get a call this morning from the kids parents, who apparently got it off the police department, saying they are going to sue for pain and suffering as well as the medical bills. So, do I stand a chance of winning this suit. I know that the cops saw that I was in the right, but you never know, I did put him in the hospital. So idk, I feel really bad for doing what I did and now I'm worried as fuck. Please try to put my mind at ease. Sorry for the long post and thanks in advance for your legal help.
Link Posted: 9/11/2005 7:50:37 AM EDT
Follow through with the assault charges. His conviction on that will help your case in the subsequent civil case he will file for pain and suffering and medical bills.

Breacher

not a lawyer, just a deputy who gets to sit through all of the cases and trials in the county.
Link Posted: 9/11/2005 7:51:52 AM EDT
I will buy guns for cheap for your lawyers expenses....
Link Posted: 9/11/2005 7:54:46 AM EDT
I am not a lawyer but I would think that you have the advantage since it was self defense as the police saw it. You might want to see if you can still press charges against the guy. If the charges against him hold, or even if they don't and the police still pursued them, that might give you an advantage. Anyway it depends a lot on your state laws. I would pay your lawyer a little to review what has happened. It might help out in the long run. Also - the parents might just be trying to scare you.

Best of luck to you. You should be OK.
Link Posted: 9/11/2005 7:57:59 AM EDT
First off, do you have homeowner's insurance? If you do, and if you get sued, the first thing you need to do is notify your insurance carrier. They may cover it, but there's usually an exclusion for intentional acts - depending on who your carrier is, they may deny coverage, saying that you intentionally hit the guy and therefore it's not a covered occurrence. If that happens, you'll have to hire your own attorney to defend shithead's lawsuit and try to get your insurance carrier to cover it. Usually, shithead's attorney wants you to have insurance coverage, so in addition to the count in the lawsuit alleging that you intentionally hit him, there will also be a count alleging negligent conduct, which is always covered by a homeowner's policy.

Of course, if you don't have insurance, you're in worse shape financially, since you'll have to foot the bill for the defense costs yourself. However, without insurance you're a much less attractive defendant, because it's a lot harder to collect a judgment against an uninsured defendant.

But as far as the suit itself goes, you have a good defense, and plenty of witnesses. Odds are that if shithead goes looking for an attorney, the lawyer will at least want to see a copy of the police report before filing suit, which should tip him/her off that it's a loser case. I would much rather defend you in under these circumstances than represent shithead.

FWIW, that's all I do - insurance defense, some of it for lawsuits just like you're describing. You've got a decent defense, but that doesn't stop some asshole plaintiff's attorney from suing you and forcing you to spend a bunch of money on defense.
Link Posted: 9/11/2005 8:03:36 AM EDT
Unfortunately his friends will tell a different story. So it will be your word and those of your friends against his. I dont know if your friends trespassing onto his property will play into this but a lawyer will make it seem that you guys were bunch of law breakers to begin with and that he was only trying to protect his property.

If a jury buys that argument, you will lose credibility and you are screwed.
Link Posted: 9/11/2005 8:08:31 AM EDT
[Last Edit: 9/11/2005 8:09:31 AM EDT by DK-Prof]

Originally Posted By ARDOC:
Unfortunately his friends will tell a different story. So it will be your word and those of your friends against his. I dont know if your friends trespassing onto his property will play into this but a lawyer will make it seem that you guys were bunch of law breakers to begin with and that he was only trying to protect his property.

If a jury buys that argument, you will lose credibility and you are screwed.




That's my concern as well, since it sounds like your buddies just kind of helped themselves to his property (unless it was in some kind of communal area with public access). I'd be pretty pissed if some drunk neighborhood kids came over to my house and started swimming around in my pool. And if they started telling me to "shut the fuck up" when I told them to leave, my blood would probably get a little hot too.


That said, I actually doubt that anyone is going to sue you - since the police arrested HIM for assault. I agree with Breacher that you might want to follow through on the charges. If he is charged/convicted of assault on you, and your self-defense is officially "on the record" I imagine it would be hard to win a case against you in court.

Link Posted: 9/11/2005 8:19:21 AM EDT
they might be sueing to get you to drop the charges, you might want to call them and find out, with a lawyer present
Link Posted: 9/11/2005 8:23:02 AM EDT
The table was set up in a communal area. Everyone on the forth floor has access to it. The incident took place on a walkway where the only reason you would be on it is to be going to their room. I'm not sure about insurance, because it was not my property.
Link Posted: 9/11/2005 8:24:12 AM EDT
[Last Edit: 9/11/2005 8:24:43 AM EDT by fxntime]
You laid hands on him first by pushing him if I read it right. I'd let it go. And, even tho you are the big guy stay the hell out of other peoples squabbles. Your friends trespassed on someome elses property and you interjected yourself in the argument. You should have just stayed upstairs making out.

If they go thru with it, get a lawyer, countersue because you are still going to have to pay him, but next time do not get involved especially if you have had a few.
Link Posted: 9/11/2005 8:25:44 AM EDT
Get a copy of the police report. If they worded it in such a way as they did verbally to you, that police report of the incident will be very valuable.

Link Posted: 9/11/2005 8:29:38 AM EDT

Originally Posted By fxntime:
You laid hands on him first by pushing him if I read it right. I'd let it go. And, even tho you are the big guy stay the hell out of other peoples squabbles. Your friends trespassed on someome elses property and you interjected yourself in the argument. You should have just stayed upstairs making out.

If they go thru with it, get a lawyer, countersue because you are still going to have to pay him, but next time do not get involved especially if you have had a few.



I totally agree with this. You got involved because you were the big guy. That poses 2 problems. You got involved in something you should have kept your nose out of. Second, you are the known ENFORCER or FIGHTER of the group. That means you have a reputation and it will not take much to convince a jury that your involvement was due to you wanting to hurt this guy.
Link Posted: 9/11/2005 8:30:05 AM EDT
Link Posted: 9/11/2005 8:33:53 AM EDT

Originally Posted By DK-Prof:
That said, I actually doubt that anyone is going to sue you - since the police arrested HIM for assault. I agree with Breacher that you might want to follow through on the charges. If he is charged/convicted of assault on you, and your self-defense is officially "on the record" I imagine it would be hard to win a case against you in court.



+1000

He can still sue you but a good lawyer on your end will make it all go away. Save up some $$$ for such an eventuality as good lawyers don't come cheap. If you don't get sued, buy a nice rifle. You may want to counter-sue him for the injury he caused to your hand if it does go that far. No joke.
Link Posted: 9/11/2005 8:35:50 AM EDT
lol. Consult a real attorney. Good Luck.
Link Posted: 9/11/2005 8:41:22 AM EDT
Lawyer up immediately and press charges for his assault. I'd be willing to bet you that the next offer is: "we'll drop the charges if you do."

Blake
Link Posted: 9/11/2005 8:42:55 AM EDT
I just hope you dont weight 200 and the guy 90.
Link Posted: 9/11/2005 9:29:22 AM EDT

Originally Posted By ARDOC:
I just hope you dont weight 200 and the guy 90.



The guy was as tall as me, a little bit lankier. Anyways, as far as the altercation... he definetly pushed me first. At any rate, I'm going to see a lawyer and make sure he gets screwed on the assualt charge.
Link Posted: 9/11/2005 9:45:04 AM EDT
the arfcom catch-all legal advice........you should have drew down on him
Link Posted: 9/11/2005 9:45:43 AM EDT
Ok he pushed you first, you pushed back and he swung and missed and you laid him out. All after your buds trespassed and broke the law themselves. If they asked you about pressing charges, hell yes you should, it will help immensely if there is a civil suit to follow. A conviction against him criminally can only help you. If he was admitted to the Hospital I say you stand a chance of being sued regardless. Guess I'd spend the money and retain a lawyer "just in case" and when you are served take it to him ASAP. Chances are, what he'll want is to settle out of court anyways, because in a civil trial you can use his history against him if he is a hothead [if he has any]. Remember tho, the same thing will be used against you. Anyone can get that type of info on someone else if they want it. Did he look like this?
Link Posted: 9/11/2005 9:56:44 AM EDT
persue the assault charges--get em while they are down-- since people RARELY know when to quit ( like now when the parents are suing)

DONT feel bad, the guy was looking for a fight, if not, he would not have followed your friends, or pushed anyone--you tried to difuse the situation, and he kept advancing

did you break any fingers? if you did i wonder if YOU could sue for medical bills.....?

bt/w, i think that most small claims courts dont award "pain and suffering" but they do on bills that have a receit.....but i could be wrong

watch your back--like i said, some dont know when to quit or fight fair....and good luck
Link Posted: 9/11/2005 9:59:31 AM EDT
[Last Edit: 9/11/2005 10:08:07 AM EDT by ZW17]
Follow through with the criminal charges. It will help your civil case.
Link Posted: 9/11/2005 1:30:32 PM EDT
Sounds like you guys were trying to disengage and he followed and became the agressor. In any case what real damages does he have? He initiated the contact with you that you were trying to calm things down. Lawyer up but you should have no problems. And no matter what the masterminds here say, if the beer pong was in a common area or easily accessible from a common are, that's his problem. Also if he was underage and drunk, you might be in better shape. "I was trying to clam things down and this drunk kid followed us to our place and picked a fight."

Tell the parents to cram sand and that you will be countersuing and adding malicious and frivolous prosecution. Their idiot got arrested and they want you to pay? Tell them to go ahead and try.
Link Posted: 9/11/2005 1:52:00 PM EDT

Originally Posted By Illinigunner21:
So last night, couple buddies of mine went out to a few bars, met up with some lady friends, did some dancing, had a good time. We get back to my friends apartment, and two of my buddies notice that a few floors under them there's a beer pong table. The arcitecture of this place is real cool, like you take an elevator up to a platform and then walk to your room. i.e. kinda like a hotel. Anyways, you can see down to all the floors below and on the fourth floor there floor is actually solid, like its not just pathways, but a full floor. ANYWAYS, my two buddies go to play beer pong on this table and are accompanied by a third friend. Me, thinking this is awesome as hell since I brought a girl back with me, go into the apartment and start making out on my friends bed. About fifteen minutes later, I hear a bunch of yelling coming from the fourth floor. Aparently, the drunken owner of the beer pong table was pissed off that they were using his table, and start yelling obceneties at my three friends for using his table. My buddies leave and as they're walking up the stairs, this guys verbal abuse is getting worse and worse and one of my friends yells to him to "shut the fuck up." This guy in an orange shirt decides to follow my buddies, with his roommates following him to the front door. By this point, I'm outside and my lady friend is as well. What happens next is yea.... The guy starts bitching at my friend and pushes him. I, being the "big guy" of the group decide to get between them the orange guy and tell him "Look, I'm sorry for what happened, go back downstairs and we'll call it a night." So basically now, we have about 10 people in front of this door on the walkway, who would all be witnesses to what happens next. He pushes me, and then gets in my face and asks me "What am I going to do about it?" He is literally nose to with me. I give him a shove, tell him once again to leave. He advances again, attempts to take a swing at me. I then land a right hook, which knocks hom down completely. He is on the ground, cold. His friends instantly fall silent and check on him. Cops and an ambulance are called. The cops ask a few questions and come up to me, and I'm thinking... I'm fucked. The Officer walks up to me and asks, "do you want to press charges?" I ask for what, and apparently he's going away for assualt. Furthermore, they say that my actions were totally justified. Meds come, and this guy is fucked up. Aparently I broke his cheek bone. As the adreline starts wearing off, I realize that my hand hurts like a mother so I decide to go to the ER, and thankfully nothing broken. My hand still fricken hurts though. Anyways, I get a call this morning from the kids parents, who apparently got it off the police department, saying they are going to sue for pain and suffering as well as the medical bills. So, do I stand a chance of winning this suit. I know that the cops saw that I was in the right, but you never know, I did put him in the hospital. So idk, I feel really bad for doing what I did and now I'm worried as fuck. Please try to put my mind at ease. Sorry for the long post and thanks in advance for your legal help.



Its probably a bluff but if they insist warn them that you will in fact press charges on the kid and sue !

That should change their attitude.
Link Posted: 9/11/2005 1:57:58 PM EDT
Illinigunner, shoot me an IM when you get this and let me know where you're at. I'm in the south suburbs, and I'll be happy to talk this over with you and give you my professional .02.

No charge for initial consultation, of course. Arfcom discount.
Link Posted: 9/11/2005 2:00:28 PM EDT
Let his family know that you are considering pressing charges. Drop a few hints that the cops asked you if you wanted to press charges.

Chances are, they'll drop the suit.
Link Posted: 9/11/2005 2:10:54 PM EDT

Originally Posted By 1Andy2:
Let his family know that you are considering pressing charges. Drop a few hints that the cops asked you if you wanted to press charges.

Chances are, they'll drop the suit.



Couple things. First off, it's not his call whether the state's attorney's office presses charges. They most likely will make that decision without his involvement at all. I know, I used to be in the complaint office at my county's State's Attorney's Office. Whether they decide to go ahead and charge shithead depends on where this happened, whether anyone involved has a record, what the witnesses told the cops, etc. You may not even know if the S.A.O. follows through with charges until you get a letter in the mail asking you to show up and testify at trial.

Second, there's a two year statute of limitations on personal injury actions in Illinois. So shithead has a long time to decide whether he wants to go through with a civil suit. Odds are, since it seems that everyone involved is on the young adult side of the age scale, it will be his parents who make the call after they find out what his medical bills are. There's nothing you can do to force them to decide sooner. They could literally wait until two years minus one day to file a civil suit. So don't bother to go out and hire an attorney now, unless your hand is actually messed up and you plan on suing shithead.
Link Posted: 9/11/2005 2:25:31 PM EDT
[Last Edit: 9/11/2005 2:26:07 PM EDT by callgood]
As I understand it, you left a hot babe to trade punches w/ some ahole? You may need a lawyer. You DO need a psychiatrist.
Top Top