Legal Question in Civil Litigation in California
My friend's son and his group of friends are being sued because the plaintiff blames the son and his friends for being sent to jail and cause a fracture elbow after tripping over them.
From what I heard, the plaintiff was running from the police who caught him in possession of illegal drugs. The plaintiff was running and then crash into my friend's son and his friends on the sidewalk while they were walking home from school. The plaintiff claims that it is the kids fault he tripped over them even though witnesses say he crash them from behind. The plaintiff also kicked two the kids after tripping over them causing him to earn two counts of assault on a minor. Now the kids family are counter-suing against the plaintiff since one of the kid's back got broken due to the plaintiff kicking him.
Witnesses that saw the incident (one of them is the arresting officer) are wiling to testify on the defendant's behalf and right now the plaintiff do not have any witnesses that could favor him. Is having witnesses could be an advantage for the defendants?
In your views, who is in the right and who is the wrong? What tactics the plaintiff's attorney could use to win the case when witnesses and circumstances may not play in the plaintiff's favor?
Also one of the kid's parents is a prosecutor at the District Attorney's office so could a prosecutor may represent the defendants in a major civil case?
1 Answer from Attorneys
We cannot tell you who was right and who was wrong, generally negligence is the failure of a ore don to maintain a reasonable duty of care... I am not sure what duty would be owed if you version us accurate. The child's father who is in DA most likely won't be involved in the representation. You need an attorney ....
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