Second, because no witness could definitively identify the individual defendant that actually pushed the plaintiff, and all of the defendants denied doing so, Cooley & Handy had to proceed against all of the defendants under a theory of concerted tortious conduct or “enterprise liability,” which had the added benefit of making more than one of the defendant’s insurance policies available to satisfy a judgment. This theory also fit well with the facts of the case since most, if not all, of the defendants likely did not actually intend to injury the plaintiff, particularly to the extent of his injuries.
By pursing the case under a strict negligence theory however, and intentionally rejecting allegations of assault and battery, Cooley & Handy was able to obtain insurance coverage from several of the defendants’ parents’ homeowner insurance policies, which cover negligent acts but do not cover “intentional” acts, such as assaults. Miraculously, the plaintiff survived his injures, but had to undergo several follow-up surgeries and intense rehabilitation, including learning to walk, talk and eat again.Ĭooley & Handy overcame several challenging legal obstacles to reach a settlement in the case.įirst, the defendants in the case were all young men without substantial assets or the ability to otherwise satisfy a judgment. Following the accident, the plaintiff was put into a medically induced coma for several weeks and surgeons had to remove a section of the plaintiff’s skull to relieve pressure on his brain.
As he approached the fight, the plaintiff was pushed by one of the young men, tripped, fell back and struck his head on a concrete sidewalk.Īs a result of falling and striking the sidewalk, the plaintiff suffered a serious traumatic head and brain injury, including a skull fracture running from the back center of his head through his cheek and nose. The plaintiff was injured when he attempted to intervene to break up a fight started by six young men who did not attend the university. Cooley & Handy Obtains Substantial Settlement in Lock Haven University Assault CaseĬooley & Handy recently obtained a substantial cash settlement in a personal injury case for a 21 year-old Lock Haven University student who was severely injured after he was assaulted while at college.
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