PS Partner: J. Phillip Bryant
We represented: Lititz Mutual Insurance Company
Venue: Circuit Court of St. Louis County, Missouri, Division 20
Plaintiff alleged that, without provocation, defendants Green and Williamson committed battery resulting in plaintiff’s jow to be broken. Plaintiff and both defendants were intoxicated. Plaintiff has no recollection of the events.
Both defendants agreee that Green did not strike planitiff. Williamson acknowledged that he was the one who struck plaintiff, causing his broken jaw. Green’s defense was that Green did not commit assault and battery as supported by the admission by defendant Williamson that Williamson did it. Both defendants asserted that plaintiff instigated the incident.
Verdict: Motion for Summary Judgment