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Torts keyed to Best
Richard v. Mangion
Citation:535 So.2d 414 (La. Ct. App. 1988)
Shawn and Jeremy attended the same school. After Shawn moved into Jeremy’s neighborhood, the two rode on the same bus to school. One morning, Jeremy made a derogatory comment to Shawn about his pants, and kicked Shawn after Shawn retorted to the comment. Shawn testified that Jeremy later showed up and asked him to fight. The two started to fight, but stopped after Jeremy kicked Shawn. Following this interaction, the two planned to fight at a later time. Knowing about the anticipated fight, other classmates pressured the two to fight at a specified location. Jeremy went to the area to meet Shawn, and Shawn went in order to “get it over with”. The two began pushing each other, and a fight broke out. During the fight, Jeremy punched Shawn in the eye and caused hemorrhaging in Shawn’s eye, which necessitated two operations and over $15,000 in medical expenses. Shawn’s parents subsequently brought a battery suit against Jeremy’s parents.
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