Legal Question in Personal Injury in Illinois

Can battery of minor also be civil harassment?

Hi

About 1.5 months ago my 10-yo daughter was pinched by one of her basketball coaches (a woman). She pinched her in the arm and left visible nail marks in her skin. Unfortunately the only witness was my daughter. My wife, her sister, a friend and I witnessed the marks in her arm. By the time it ocurred to us to take pictures, the mark had faded.

My wife confronted the coach about the incident but she did not reply. We felt we didn't have sufficient proof to proceed against her, so we decided to avoid creating a huge distraction to the rest of the team, and see if anything else happened.

We had also received complaints from parents about the way the coaches (a brother and sister) yell at the girls, sometimes putting them down and making them cry. When we approached the Board, they spoke to everyone involved. In the end, my wife (the original coach) had the team taken away from her, mostly due to lies told by the brother and sister, alleging that I threatened them. (I can prove that I did not, and I am undertaking a defamation suit apart from this).

If a criminal case for battery is weak, can I pursue a civil case, such as harassment?

Thanks!


Asked on 1/30/02, 12:03 am

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Can battery of minor also be civil harassment?

You could pursue a civil case, but it would not make economical sense to do so. Basically, based on the facts you describe, the coach is liable for battery, which is a tort. However, the attorneys fees and costs to proceed, which you will likely bear alone and which will mostly not be assessed against the coach, will most likely exceed any recovery you may get. Therefore, it will cost you money, liklely, to seek money fromn the coach.

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Answered on 1/30/02, 4:00 pm


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