Smith v. Kroesen, 2015 U.S. Dist. LEXIS 108429

A default judgment for intentional assault and battery was granted when plaintiff’s second amended complaint stated valid claims.

In an action from one rugby player to the next, the court granted a default judgment for the defendant’s failure to respond to the second amended complaint, when the second amended complaint set forth a valid claim for assault and battery and gross negligence. The plaintiff’s second amended complaint revealed, and went unchallenged, that Kroesen kicked the plaintiff in the face with his cleated shoe while the plaintiff was lying on the ground and that such an act was beyond the bounds of typical rugby play.

 

Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.