Firm associate Elaine Davenport won a Not Liable jury verdict on behalf of a homeowner in the City of Chicago in a personal injury action brought against the homeowner as a result of a third party battery committed on the property. The three day jury trial took place in the State Court of Cook County.
The Plaintiff Linda Reed alleged that the Defendant homeowner failed to protect the Plaintiff against a physical attack committed against her by a third party while on the Defendant’s property. Plaintiff was at the home of the Defendant during a family event when a fight broke out between two family members. At some point after this first altercation, a third party family member arrived at the home upon learning of the first altercation. When this third party family member arrived, a second altercation broke out in which Plaintiff voluntarily intermingled. Plaintiff was ultimately struck by this third party family member. Plaintiff alleged that the Defendant homeowner was negligent in not properly protecting her from being struck. Defendant argued that Plaintiff caused her own injuries by voluntarily joining in on an on-going physical altercation. Plaintiff initially sought compensatory as well as punitive damages. Within two hours, the jury returned a verdict in favor of the Defendant homeowner.
