Phillip Bryant Obtains Motion for Summary Judgement in Battery and Assault Case

PS Partner: J. Phillip Bryant

We represented: Lititz Mutual Insurance Company

 Venue: Circuit Court of St. Louis County, Missouri, Division 20

Facts:

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

Past results afford no guarantee of future results.  Every case is different and must be judged on its own merits.