Legal Question in Personal Injury in Florida
Harrassment
My son's exgirlfriend has filed a claim against him for injury to her back. She came over to his house, a disagreement occurred and he asked her to leave. She refused until she collected all her possessions. He started to help speed up the process by collecting some stuff and placing it on the porch. She threw into a rage telling him to not touch anything of hers. In the rage she started breaking CD's, busted panes out of his interior french doors, turned furniture upside down,etc. All the time he was yelling for her to get out and threathening to call the cops. She finally left, but returned and was caught keying his truck. He stopped her, restained her and called the police, but not before she did serious damage to his truck, threw herself all over the ground in a tantrum.
She since filed an injury suit against him for damages to her back that she states occurred during the incident. She has admitted to the keying. He never filed against her damages to his house or truck. The truck was totalled in an accident two weeks later (or there about).
2 Answers from Attorneys
Re: Harrassment
Based on the facts presented, it sounds like your son has a good case for a counter-claim to sue her for damages to his property. I strongly recommend that your son consult an attorney immediately to best perserve his rights.
Re: Harrassment
Have your son forward the sham claim to his homeowner's insurance carrier. He may want to consider filing a counterclaim for the property damage she caused (i.e., broken French doors).
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