Legal Question in Personal Injury in Texas

Fight or Assault?

Last Thanksgiving, my boyfriend(Shaun)was up at his alma mater with his brother(Travis)playing football, when another group of boys suggested a scrimmage. Travis and john doe #1 from the other group were back and forth. When j.d.#1 tripped Travis after the play was over, it appeared that they were about to fight. Travis (whom was on leave from the Army) tried to talk his way out of it. When jd#1 refused to calm down, Shaun then stepped in to try to mediate. This is when a fourth guy, john doe#2 came up behind Shaun, spun him around,& knocked three of his teeth out. No fight occured, because when this happened, jd#1 recognized the severity of the situation, and ran from the scene with jd#2. When Shaun tried to file a police report, the investigator knew who jd#2 was (due to a prior record), but told him that the case was thrown out because he was involved in a fight, and therefore it is not considered assault. We have been fighting the San Antonio PD since, with no luck. We've lost faith in the system, and now that Shaun's mouth is healed enough to get implants, we find ourselves stuck. We cannot afford the thousands of dollars of cost, and yet cannot get anyone to do anything to help. What are our options?

Kristen


Asked on 9/15/03, 4:30 pm

2 Answers from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: Fight or Assault?

If you know the identity of the individual, you can always file a civil action for jd#2's intentional conduct and seek damages. The problem may be collecting money from someone who may not have any. If he has no money or assets, then you wold spend time & effort getting a judgment that can never be collected on. In any event, I would suggest that you talk with a civil attorney who can assist with a possible civil action.

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Answered on 9/15/03, 4:46 pm
Trang Tran Tran Law Firm L.L.P.

Re: Fight or Assault?

If it is compensation from a solvent defendant is the goal, no police report for assault could be a positive development. Assault usually entails an intent to harm or recognition of a high probability of harm.

Home Owners' Insurance may possibly cover this incident if the damage was caused through the negligent act of an insured and NOT the result of an INTENTIONAL act.

If Shaun and the police can ID the JD#2 AND if Shaun's teeth was knocked out by accident AND if the JD#2 resides in a home w/ Home Owners' Insurance AND he is a covered individual,

a lawsuit against JD#2 could be pursued with the Home Owners' Insurance paying for the damage created by JD#2 negligence.

Talk to a personal injury lawyer who is experienced with insurance coverage issues.

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Answered on 9/16/03, 12:31 am


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