The Disney star, Demi Lovato,18-years-old, has reached a financial settlement with Alex Welch, a back-up dancer whom Lovato punched after believing Welch, 21-years-old, had ratted her out for partying. Welch’s lawyer said earlier this month that Welch might sue the star for “punitive damages for assault, battery and for mental stress.” He noted that Welch, who was photographed after the incident with bruises on her face, required emergency medical care. Since the incident, Lovato remains in an undisclosed treatment for center for “emotional and physical issues.” Read more.
Under New York Law, it is a tortuous act to commit assault or battery against another person for which the victim can have a valid cause of action in a personal injury lawsuit. An assault occurs when a defendant attempts to place the victim in apprehension of an immediate battery. This is done by the defendant’s display of violence of a threatening gesture (defendant’s intent to frighten the victim such as some overt act or aggressive gesture). Battery, on the other hand, is defined as an intentional act by a defendant to cause harmful or offensive bodily contact with the victim’s person (i.e. an intended assault that results in battery). To prove a battery, the victim must prove the following elements have been met: 1. The defendant’s intentional harmful or offensive contact with the victim (a resulting injury is NOT a necessary element), or 2. The defendant’s intentional act of assault which sets in motion a force that accidentally and unintentionally causes offensive or harmful contact with a victim. Unlike assault, the victim does not have to be aware of the battery as it is happening.
The attorneys of Leeds Morelli and Brown, P.C. are experienced practitioners who will fight hard to make sure your civil and legal rights are preserved. If you or someone you know has been affected by a personal injury cause of action, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888- 5 85-4658.