Legal Question in Personal Injury in Ohio

Road Rage and Small Claims Court

My minor son was assaulted by a passenger in a car after a passenger in his car threw an empty plastic water bottle at the other car following a period of tailgating. The bottle was thrown back at my son's car. The driver of the other car blocked my son's car in. My son got out to talk with them and was hit in the face by a passenger of the other car. No other assaults by either parties followed. First, can a passenger in a car use ''road rage'' as a defense?

Secondly, the boy charged with the assault admitted to the incident in a mediation hearing. I am now suing in small claims court for medical expenses and lost wages. The defendants mother has hired an attorney who has filed a motion for a continuance the day before the hearing is set to take place. I received notice of this today. Does the motion in fact mean the hearing will be postponed? Do I have any means to stop the motion or have it denied? Do I need a lawyer? The total amount I am asking for is $2000.00.


Asked on 3/01/06, 6:30 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Road Rage and Small Claims Court

The court may not grant the continuance so it is still on. Call the bailiff for the judge before you go down there. The person who punched your son may argue self-defense, but from what, a plastic bottle? It may not fly with the judge. Sounds like you should win. Call for more help if you want: 216.952.1990

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Answered on 3/02/06, 10:06 am
Timothy Hess T. Hess & Associates, LLC

Re: Road Rage and Small Claims Court

The hearing may likley still be on. You might want to contact an attorney due to the fact that the defendant has retained counsel. Also, there are some statutory provisions that allow you to recover from the parents of a delinquent child that has caused physical/property damage.

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Answered on 3/02/06, 7:54 pm


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