Dinaples v. Drnjevich

$3,789.03 Verdict

Date of Verdict: Jan. 7.

Court and Case No.: Westmoreland County Civil Court No. 1419 of 2018

Judge: Christian F. Scherer.

Type of Action: Intentional tort.

Injuries: Facial abrasions.

Plaintiffs Counsel: Michael D. Lazzaro, Mears, Smith, Houser, and Boyle.

Defense Counsel: Adam J. Long, Long & Long, Greensburg.

Comment:

On April 20, 2017, plaintiff Leonard Dinaples, 70, and James Drnjevich got into a physical altercation at the American Legion Post 711, in Murrysville. Dinaples suffered facial injuries. Dinaples sued Drnjevich. He alleged that Drnjevich committed assault and battery.

Dinaples and Drnjevich were American Legion members. On April 20, 2017, prior to the start of an American Legion meeting, Dinaples told Drnjevich that he had been contacted by the state about wearing politically affiliated clothing at a previous American Legion meeting. He asked Drnjevich whether he knew anything about how the state learned of this. Drnjevich claimed that he did not know anything, and the meeting subsequently started.

According to Dinaples, following the meeting, Drnjevich went outside but immediately returned, at which point he went up to Dinaples and sucker-punched him in the face. Dinaples fell to the ground, and then Drnjevich punched him repeatedly, until other meeting attendees pulled him off Dinaples, Dinaples claimed.

Dinaples' counsel argued that Drnjevich attacked Drnjevich for no reason, and that he should be found liable for assault and battery.

The defense maintained that Dinaples initiated the physical altercation. Drnjevich denied Dinaples' account of the incident. He testified that Dinaples initiated the fight by punching him in the mouth; Drnjevich merely responded in self-defense by pushing Dinaples away from him to prevent further attacks.

On April 21, 2017, the day after the altercation, Dinaples presented to an emergency room. He complained of face pain, a dislodged dental bridge in his upper jaw, and cuts and abrasions on his back. He was given pain medication and discharged.

Within days of the accident, Dinaples presented to his dentist to address the removed bridge. However, due to lack of dental coverage, Dinaples was unable to have the bridge re-implanted. He received no further treatment.

Dinaples' counsel attributed Dinaples' injuries and treatment to the accident and asserted that Dinaples requires future dental treatment. Dinaples sought to recover $3,789.03 in future medical costs, plus damages for past and future pain and suffering.

The jury found Drnjevich liable for assault and battery. Dinaples was determined to receive $3,789.03.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication