Complaint For Assault

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Complaint for Assault and Battery COMPLAINT Comes now plaintiff and for her cause of action against defendant alleges: 1. [Jurisdictional allegations.] 2. On August 6, 2006, in the city of Smithville, Ohio, defendant assaulted plaintiff by pointing a rifle (weapon) at plaintiff, and defendant verbally threatened to shoot plaintiff. 3. Plaintiff was put in great fear for her life and was fearful of severe bodily injury. 4. Defendant struck plaintiff with a blunt portion of her rifle, thereby breaking plaintiff’s jaw and rendering plaintiff unconscious. 5. As a direct consequence of the battery, plaintiff suffered severe and painful injuries that may be permanent in nature. 6. Plaintiff incurred medical expenses, will incur future medical expenses, has suffered a loss of income, and will suffer a loss of earning capacity as a direct consequence of the battery. 7. The assault and battery perpetrated by defendant upon plaintiff was intentional and malicious. 8. Plaintiff is entitled to recover punitive (exemplary) damages from defendant. Wherefore, plaintiff demands judgment against defendant in the sum of $50,000 for compensatory damages and $10,000 as punitive damages, together with plaintiff’s costs and disbursements herein. [date] Attorney for Plaintiff [Attorney signature] ■ EXHIBIT 4.9 Complaint for Assault and Battery Battery A battery is an intentional, unpermitted physical contact of an injurious nature or an intentional physical contact with a person that is offensive to ordinary sensibilities. The contact must be intentional to be actionable as a battery. Most physical contacts incidental to living in a society are considered permissible and not actionable. Typically, batteries include such wrongful acts as an intentional punch in the face; an intentional shooting; an intentional tripping, spanking, or rape; or a tackle in

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