Hogan v Tavzel
Citation: 535 So. 2d 414 (La. Ct. App. 1988)
Parties:
- James and Juanita Richard (plaintiff)
- Mr. and Mrs. Mangion; State Farm (defendant)
Facts:
- Shawn Richard and Jeremy Mangion were beefing pretty hard (instigated by Jeremy) and one day Jeremy said he wanted to fight Shawn. They met up one afternoon and while Shawn testified that he was hoping they could talk it out, he knew that they likely would be fighting. In the days prior to the fight, there had been a couple of fights scheduled but Shawn didn’t show up, or it was thwarted by the school bus approaching.
- In the fight, Jeremy pushed Shawn first and Shawn swung back. Shawn ended up getting a hemorrhaged eye and incurring medical bills of about $15k.
- The whole thing was being instigated by peer pressure and the witnesses have conflicting stories but the judge was able to paint a decently clear picture of what happened by piecing together testimonies.
Procedural History:
- Defendants motion to dismiss granted, Plaintiff appeals
Issue:
- Did Shawn Richard voluntarily participate in an altercation with Jeremy Mangion?
Rule:
- When a person voluntarily participates in an altercation, he may not recover damages for the injuries he incurs, unless force in excess of that necessary is used and its use is not reasonably anticipated.
Holding:
- Yes, Shawn voluntarily participated by showing up, and he knew the risks associated with fighting
Reasoning:
- Even if Shawn didn’t really want to fight, he still gave into peer pressure and went to fight. He could have just stayed home and he wouldn’t have hurt his eye. It was not self defense because Shawn pulled up ready to scrap.
Decision:
- Judgement affirmed, costs of appeal are assessed against plaintiff-appellants.
Disclaimer: This is not legal advice. This case brief and the others on this website are based solely on my personal understanding of the underlying case. They emphasize the points that my law professors emphasized. You should use them merely as a supplement to your own studies.