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ARTICLE ID 194111

$________ Civil assault on golf course – Plaintiff punched in face and head – Injury to right eye and right ear – Alleged blurry vision and tinnitus

Palm Beach County, FL

The plaintiff alleged that the defendant assaulted him on a golf course, resulting in damage to his right eye and ear. The plaintiff sought punitive, as well as compensatory damages. The defendant maintained that he acted in self-defense after the plaintiff attacked him. The plaintiff was a 59-year-old man who lived in the same residential community as the defendant, age 73 at the time. Evidence showed that the two men had a long-standing dispute resulting from the plaintiff’s live-in girlfriend, inviting the defendant’s former fiancé to the community clubhouse, and alleged statements made about the defendant by his ex-fiancé.The plaintiff alleged that the defendant attacked him and punched him in the face and head when they met on the golf course. The plaintiff claimed that he sustained injuries to his right eye and right ear as a result of the incident. The plaintiff claimed continuing blurry vision in his right eye and tinnitus in his right ear as a result of the assault.The plaintiff sought $________ in uncontested past medical expenses, including damages for pain and suffering and economic damages in excess of $________ for upgrading his home security system out of fear for his safety, the loss of golf club fees (after he was suspended) and attorney fees. The defendant argued that he did nothing to provoke the plaintiff, but simply asked (as he had previously asked) if the plaintiff would please tell his girlfriend to stop inviting the defendant’s ex-fiancé to the clubhouse, and please stop the gossip. The defendant claimed that the plaintiff attacked him and he acted in self-defense in striking the plaintiff. The defendant contended that he was in poor health, and suffered from a condition called “Myasthenia gravis” which is a cause of weakness and wasting of the muscles. As a result, the defendant argued that the last thing he wanted was a “physical” altercation.

The defendant argued that the plaintiff’s treating ophthalmologist testified that the plaintiff’s loss of vision was unrelated to the altercation, and his treating ENT similarly testified that the plaintiff’s hearing loss and tinnitus was also unrelated to the incident.The jury found for the plaintiff in the amount of $________ comprised of past medical expenses only. The jury declined to award non-economic damages or punitive damages against the defendant. The plaintiff’s net recovery, after collateral source set-offs, was $________. There was also an applicable medical lien of $________.

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