A court can award medical expenses and non-economic damages, for pain and suffering, to an individual who proves she was assaulted. In February 2008, the plaintiff, Karen Ciccotti, 49, allegedly invited Roy Jacobsen, a former customer of her New Britain restaurant, to a party for a family friend. Ciccotti, who originally planned to drive Jacobsen, asked Jacobsen to drive her to the party. After the party, they returned to Jacobsen's residence, and Jacobsen allegedly informed Ciccotti he could not drive her home, because he had consumed too much alcohol. Ciccotti and Jacobsen allegedly had a physical altercation. Ciccotti alleged that Jacobsen kicked her in the ribs nine or 10 times with steel-tipped shoes, Ciccotti attempted to call 911, and Jacobsen disabled the phone. Ciccotti used a cell to call the police and the police drove her home. Ciccotti's relative took her to the hospital emergency room, where she claimed that she allegedly had been punched in the face and kicked in the ribs. Ciccotti underwent X-rays. A doctor prescribed Ibuprofen with Vicodin. Months afterward, she continued to complain about chest pain and difficulty sleeping. After a bench trial, the court found that the parties argued after they had been drinking. Jacobsen admitted that the parties were intoxicated, that they argued and that he intercepted the first 911 call. He denied that he struck Ciccotti. The government did not prosecute Jacobsen for assault. Ciccotti failed to prove that she was knocked unconscious and kicked nine or 10 times in the ribs with steel-tipped shoes. Ciccotti proved that she was assaulted. Ciccotti's medical expenses were $770, and the court awarded reasonable damages of $3,500, plus costs.

VIEW FULL CASE