Posted on 12/21/2009 2:05:28 PM PST by Stoat
MEMPHIS, TN (WMC-TV) - A Memphis attorney has admitted to biting off part of a man's nose during a confrontation at a popular Midtown restaurant.
According to a lawsuit filed by Greg Herbers, Mark Lambert bit off and swallowed part of his nose during a dispute last June at Dish on South Cooper Street.
Lambert is a trial attorney with the Cochran Firm.
The incident at Dish began in the men's room when Herbers became annoyed because the urinal and stalls were occupied.
Herbers says two men were together inside the same stall. He says Lambert carried on a conversation with the pair while he used the urinal.
Herbers says he asked the men to vacate the stall because they were not using the toilet. He said the pair refused, at which time Lambert began yelling obscenities and showing aggression towards Herbers.
Herbers says Lambert then pushed and grabbed him and bit off part of his nose.
According to Herbers, Lambert and the other two men fled the scene.
Herbers says he called police and was transported to an area hospital.
In the complaint, Herbers claims he suffered permanent disfigurement to his nose and face and will need plastic surgery and possibly a prosthetic nose.
The police report says Herbers entire left nostril was missing.
In a phone interview with Action News 5 Thursday, Lambert said he only acted in self-defense after Herbers physically assaulted him for no reason.
And while he admitted to biting off part of Herbers' nose, Lambert says he didn't swallow it, but spit it out.
Herbers is asking for $5 million in punitive damages. It's not clear why he waited several months to file the lawsuit against Lambert.
Herbers was not reachable for comment.
Not to be nosey, but something about this doesn't pass the smell test. It took him 6 months to file a lawsuit?
Mark Lambert is an experienced Trial Attorney at The Cochran Firm (yes, that Cochran)
The dispute started when Herbers, a self-employed hairstylist, entered the restroom around 9 p.m. and noticed the one stall was occupied by two men performing some activity other than going to the bathroom.
Herbers said that when he told the men he needed to use the toilet, Lambert, who was standing at the urinal but appeared to know the men in the stall, became aggressive.
Lambert allegedly approached Herbers in a menacing fashion and jumped on him, grabbing his head and clawing at his neck.
Herbers said the next thing he felt was an excruciating pain. He heard teeth crunch and noticed blood pouring from his left nostril. One of the other men in the stall screamed, What the (expletive) are you doing?, according to the suit.
Lambert, who works for The Cochran Firm, and the two men then apparently fled the restroom and Herbers called police.
Herbers said Lambert bit off a large chunk of his left nostril. He also says hes permanently disfigured and his sense of smell impaired.
According to the case file, Herbers admitted to consuming three or four vodka soda drinks at Dish that night.
Herbers also has his own criminal record that includes possession of a controlled substance and a DUI. A letter from Herbers doctor included as evidence also shows hes HIV-positive and takes a host of prescription medications.
Attorney Mark Benfield of Bailey and Benfield, the firm representing Herbers, said his client is seeking up to $7.5 million in punitive and compensatory damages to make up for the medical bills, lost wages and emotional distress brought by this incident.
http://nmisscommentor.com/2009/12/19/more-details-about-the-nose-biting-lawyer/
the nose biting attorney will pay and pay big..
Not to be nosey, but something about this doesn't pass the smell test. It took him 6 months to file a lawsuit?
This point is addressed in the video from 12/18 at about 1:50 into play....the attorney for Herbers states that his client came to him a few days after the incident, but the lawsuit wasn't filed for so long because Herbers didn't know Lambert (the biter), and Lambert had hired an attorney who wouldn't reveal his identity. Apparently it took that long for Lambert's identity to be uncovered so that the lawsuit could be filed. That at least is the reason for the delay as stated by Herbers' attorney.
Video - WMC-TV News, Weather, Traffic, Radar, and Sports for Memphis, TN; WMCTV.com
If the link above doesn't work, you can navigate to the video by going to the WMCTV page below and clicking on the video icon from 12/18
Thank you very much for the updates...wow, even including a phone and fax number for the biter.
There was a time, not so long ago, when a person like this who completely flipped out and completely destroyed his career and reputation would be found a few days later with a self-inflicted gunshot wound, but these days law firms such as the one that he works for specialize in salvaging situations such as this. It will be an interesting story to follow.
I hope so, but the biter works for the same law firm that got O.J. Simpson off the hook. It will be an interesting story to follow.
Personally I'd find it rather distracting to know that my lawyer eats noses - although he does work for the Cochran firm in LA and they got O.J. off.
Thank you for your updated post, #45. I guess this is a case of when gay bathroom sex goes wrong more than usual.
were both guys homosexual or just the biter?
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