Tort – College Fraternity Fight

While attending a “pre-rush party” at a fraternity house, Plaintiff and Defendant, both college students, got into a verbal followed by a physical altercation “about the girl.” After Plaintiff threw beer at Defendant, Defendant returned the favor punching him in the face causing broken teeth, facial fractures and an orbital fracture surgically repaired with permanent hardware. Plaintiff portrayed Defendant as having a history of bullying issues. Defendant slanted the case as two young men letting their testosterone and alcohol getting the best of them. Plaintiff, who has aspirations of becoming an attorney and his parents had high expectations that needed deflating, insisting their son had no responsibility. It was the Mediator’s goal to achieve a sense of reasoning with all concerned and implemented her policy of negotiating with the son only giving Plaintiff the option to consult with his parents in the negotiation process. In hopes of getting a pound of flesh, despite ample insurance with the caveat of insurance coverage issues, Defendant participated at the Mediation. After twelve hours of fierce negotiation the case settled for $750,000.

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