Legal Question in Civil Litigation in New York

Son Assaulted By Mothers Fiance

My 15 year old son had an argument with his mother. She kicked him from behind. He turned and pushed her to the ground. Son went to his bedroom and locked the door. Boyfriend rushed in house kicked open bedroom door of son and while towering over boy , who was sitting on bed and protecting his face was pummeled in the stomach and side area. All the while the 45 year old boyfriend was screaming and threatening the boy. Mother came to the boys rescue.

I called child protective services, and after an investigation , they determined that he had abused the boy.

My question is: What civil recourse, if any, does the boy have against the boyfriend

Thank You,

--name removed--Dodge


Asked on 4/03/04, 10:31 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Son Assaulted By Mothers Fiance

A suit soundinging in an intentional tort....but the only thing recoverable would be personal assests of the assailant...no inusrance cofers intentional acts.

Good Luck

RRG

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Answered on 4/03/04, 11:09 am

Re: Son Assaulted By Mothers Fiance

He could sue the boyfriend for assault and battery. Given his age, you or the mother would have to commence the lawsuit on his behalf. (I doubt the Mother would do it so it would be up to you.) Whether it makes sense to go through a lawsuit depends on how bad your son's injuries were (both physical and emotional, if any) and if you could collect a judgment from the boyfriend. Questions to consider are: does the boyfriend own any property and does he have a good paying job.

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Answered on 4/03/04, 1:24 pm


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