Defendants Verdict in Assault and Battery Punitive Damages Trial

Mike Maguire successfully defended a condominium association in the Circuit Court of Saint Louis County, when Plaintiff, condominium owner, sued maintenance supervisor, the association and management company for assault and battery and punitive damages. Mike represented all three entities, and the saga began when the Plaintiff went to the maintenance shop to demand entrance into the clubhouse, that had been closed for years except for pre-arranged rentals. After being advised the clubhouse would not be opened and being told to call the management company at least twice, Plaintiff refused to leave the maintenance office. As a result of the argument a physical altercation ensured with the plaintiff allegedly sustaining neck and back injuries and PTSD because of the fight. It came down to a credibility issue as to whether to believe the plaintiff’s claims of an unprovoked attack or the supervisors claim that he was acting in self-defense in removing the plaintiff from the office. Defendants submitted three affirmative defenses, self-defense, ejection of trespasser, and consent. The jury returned a unanimous jury verdict for Mikes clients.