Defendant's Intoxication Lacks Substance In Apportionment Claim
by
Joseph C. Maya on May. 03, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog about a plaintiff who was assaulted while drunk.
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A property owner seeking apportionment in an action brought by one guest for injuries from an assault by another guest must assert allegations in the apportionment complaint that at least raises the possibility that the assault was negligent rather than intentional. An allegation of intoxication raises the possibly that the assault was negligent.
On July 31, 2013, the plaintiff was an invitee and guest of the defendant, Christopher Contos, and was lawfully on the defendant's premises to assess a carpentry job for the defendant. The defendant was intoxicated during the parties' meeting. At some point, the defendant invited a third party, Randall Luciani, to the house. Whent he plaintiff was meeting with the defendant in the defendant's kitchen, Luciani entered the defendant's house and assaulted and battered the plaintiff without provocation. The plaintiff was punched int he face and head with closed fists, causing multiple physical injuries to the plaintiff. The defendant argued that he could not be collaterally liable for assault and battery, because he was intoxicated during the incident. Generally, evidence of a defendant's intoxication is relevant to negate specific intent which is an essential element of the law of assault. Here, the defendant argues that he was so intoxicated at the time that he had not way of forming any collateral intent to harm the plaintiff. The court denied the motion. Intoxication may raise a defense for specific intent. This same defense is not relevant for negligence. In addition, the defendant failed to offer an modicum of evidence to show that the defendant had any intention to not harm the plaintiff.
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Source: Edward S.J. Domnarski, Thomas Meredith et al. v. Christopher Contos, 61 CONN. L. RPTR. No. 20, 763'767 (May 2, 2016)
