| 8 | “That is the man who claims I was grabbing his throat. My hand is on his chest, not his throat. My hand was NEVER on his throat, nor was it ever near his throat!” |
It is irrelevant whether your hand was on his chest or his throat, because you were defending against a trespass and an assault (as opposed to a battery), and therefore had every right to defend yourself and property with reasonable force. Even using Kimber's version of the facts, it shows that the force you used was eminently reasonable.
IMO, with an $8,000+ legal bill and a three year long case, your lawyer is taking you to the cleaners. This could have been easily resolved at the very first hearing with a motion to demur to the complaint. That's where your lawyer files a response that says Plaintiff's complaint failed to state a cause of action because the conduct alleged (the touching of Kimber) was perfectly lawful self-defense, and is therefore not actionable. And if Plaintiff seeks leave to amend his complaint, you point out that if he does, that you will be forced to file a counter-suit for assault, trespass and harassment.
But all the opinion and advice in the world, won't pay your bills, so Mrs. Boot Hill and I will be contributing to your legal defense fund.
Best of luck,
--Boot Hill
We did answer that, I never heard of demur, but we did state that.
Also, we did file for summary judgement. I have a friend who is a lawyer in Ct, we spoke about cases like this and he agrees my lawyer is doing the right thing.
The summary judgement was based onthe testimony of a Freeper HARPSEAL, who is now deceased, he gave testimony early.
The judge ws amused at that testimony more than convinced, he almost came out and said, "Oh, Yeah? WELL, lets take this to a jury then!"