Case details
Defendants claimed confrontation was in self-defense
SUMMARY
$5950
Amount
Decision-Mixed
Result type
Not present
Ruling
KEYWORDS
fibula, fracture, leg
FACTS
In 2014, plaintiff Joshua Evans, a self-employed man in his 50s, was at his home, in Lemon Grove, when he was approached by Jonathan Jenkin, a teenager. It was believed that Evans poured beer over Jonathan’s vehicle the night before. After some words, a fight ensued. Jonathan’s mother, Anne Jenkin, and step-father, Damon Sheets, followed Jonathan over to Evans house and participated in the fight, during which Evans sustained a leg injury. Evans sued Jonathan, Ms. Jenkin and Sheets. Evans claimed that he had a right to stand his ground and that there was no reason for the defendants to batter him. Jonathan claimed he acted in self-defense. Ms. Jenkin and Sheets claimed that they wanted to defend Jonathan, who was smaller than Evans, because of the differences in stature between Evans and Jonathan. The court dismissed Ms. Jenkin from the case., Evans sustained a fracture of a leg’s fibula. He had some medical attention on-scene, but Evans did not present any further medical testimony. Evans claimed a physician recommended treatment and a future surgery. However, defense counsel noted that Evans elected to do neither.
COURT
Superior Court of San Diego County, San Diego, CA
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