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Jets Idiocy Provides Primer On Assault and Battery
16,436 12
The Legal Blitz
Filed to: JETS 8/11/15 3:10pm
Jets Idiocy Provides Primer On Assault and Battery
I know there are a lot of Jets haters out there, but this team should be celebrated for the gifts it just keeps on giving.
Between horrendous trick plays, a non-stop rotating cast of quarterbacks, Antonio Cromartie forgetting his kids’ names, and the Buttfumble, the New York Jets are one giant LOL after another.
Today, however, takes the cake. This afternoon (now former) Jets linebacker Ikemefuna “I.K.” Enemkpali broke starting quarterback Geno Smith’s jaw in a locker room fight. Smith is now expected to miss six to ten weeks.
Putting aside the on-field implications of Smith missing the first few weeks of the season, this fight provides another opportunity for lawyers upon lawyers to get involved in a situation that is overflowing with legal issues including insurance coverage, workers’ compensation, civil liability, and criminal penalties.
First, let’s start with the obvious — what Enemkpali did is criminal.
In New Jersey, where the Jets hold training camp, the punch would be considered simple assault. Under Section 2C:12-1a(1), simple assault occurs when the defendant did cause bodily injury to the victim; and 2. That the defendant acted purposely or knowingly or recklessly in causing bodily injury to the victim. Simple assault is considered a misdemeanor (disorderly persons offense) and carries a potential six months in jail and fine up to $1,000.
Enemkpali could be facing that maximum sentence considering that this is not his first brush with the law. According to Rich Cimini, while at a bar when he was at college at Louisiana Tech, a fight broke out and Enemkpali punched an off-duty cop who was working security at the bar. On that night, Enemkpali had to be subdued first with pepper spray and then with a stun gun. He was arrested and charged with battery on a police officer and disturbing the peace/drunk, according to court records. The charge was amended to simple battery, and he received a suspended jail sentence and was placed on 13 months’ probation. He also was ordered to perform 32 hours of community service and to complete an anger management course.
What gets more complicated are the civil liability issues. Rest assured, with significant money and an NFL quarterback’s career at stake, there will be lawsuits.
Both New York and New Jersey recognize civil causes of actions for assault and battery. These are known as intentional torts. An assault is essentially an act intended to cause immediate apprehension of harmful or offensive bodily contact that results in reasonable apprehension of such contact. Battery is the unlawful application of force to the person resulting in either bodily injury or offensive touching.
Smith could sue both Enemkpali personally, as well as the Jets, since a Jets employee is the one who caused the injury. The Jets might assert a defense that Smith is precluded from pursuing a civil lawsuit as he must instead go through workers’ compensation. However, it seems that Enemkpali was acting outside the course and scope of his employment, which would allow Smith to pursue both a civil lawsuit and file a workers’ compensation claim.
The Jets might also sue Enemkpali. According to my favorite ESPN personality, Darren Rovell, the Jets will have to pay Smith $206,471 in salary while he is on the sidelines. The Jets might not want to part with that kind of cash without a fight (see what I did there?).
Then, the NFLPA and Enemkpali could, in theory, go after the Jets for the $510,000 he loses by being cut in a wrongful termination action. Enemkpali’s agent, Jeff Guerriero is “THE Injury Attorney”after all. Granted, his lawsuit would depend upon the terms of his contract and the CBA as to whether fighting a teammate is grounds for release.
Finally, an insurance company is going to be stuck with Smith’s medical expenses. That company could assert a lien against Smith’s civil lawsuit or pursue a subrogation action against the Jets.
Does your head hurt yet? This whole debacle is hilarious for us non-Jets fans and a perfect bar exam question.
Steve Silver is the founder of TheLegalBlitz.com. He is a former sports reporter for the Las Vegas Sun and is now a lawyer in Philadelphia and licensed in Pennsylvania and New Jersey. You can reach him at steve@thelegalblitz.com or on Twitter @thelegalblitz.
http://www.atlredline.com/jets-idiocy-provides-primer-on-assault-and-battery-1723432778
Image via Getty Images.
16,436 12
The Legal Blitz
Filed to: JETS 8/11/15 3:10pm
Jets Idiocy Provides Primer On Assault and Battery
I know there are a lot of Jets haters out there, but this team should be celebrated for the gifts it just keeps on giving.
Between horrendous trick plays, a non-stop rotating cast of quarterbacks, Antonio Cromartie forgetting his kids’ names, and the Buttfumble, the New York Jets are one giant LOL after another.
Today, however, takes the cake. This afternoon (now former) Jets linebacker Ikemefuna “I.K.” Enemkpali broke starting quarterback Geno Smith’s jaw in a locker room fight. Smith is now expected to miss six to ten weeks.
Putting aside the on-field implications of Smith missing the first few weeks of the season, this fight provides another opportunity for lawyers upon lawyers to get involved in a situation that is overflowing with legal issues including insurance coverage, workers’ compensation, civil liability, and criminal penalties.
First, let’s start with the obvious — what Enemkpali did is criminal.
In New Jersey, where the Jets hold training camp, the punch would be considered simple assault. Under Section 2C:12-1a(1), simple assault occurs when the defendant did cause bodily injury to the victim; and 2. That the defendant acted purposely or knowingly or recklessly in causing bodily injury to the victim. Simple assault is considered a misdemeanor (disorderly persons offense) and carries a potential six months in jail and fine up to $1,000.
Enemkpali could be facing that maximum sentence considering that this is not his first brush with the law. According to Rich Cimini, while at a bar when he was at college at Louisiana Tech, a fight broke out and Enemkpali punched an off-duty cop who was working security at the bar. On that night, Enemkpali had to be subdued first with pepper spray and then with a stun gun. He was arrested and charged with battery on a police officer and disturbing the peace/drunk, according to court records. The charge was amended to simple battery, and he received a suspended jail sentence and was placed on 13 months’ probation. He also was ordered to perform 32 hours of community service and to complete an anger management course.
What gets more complicated are the civil liability issues. Rest assured, with significant money and an NFL quarterback’s career at stake, there will be lawsuits.
Both New York and New Jersey recognize civil causes of actions for assault and battery. These are known as intentional torts. An assault is essentially an act intended to cause immediate apprehension of harmful or offensive bodily contact that results in reasonable apprehension of such contact. Battery is the unlawful application of force to the person resulting in either bodily injury or offensive touching.
Smith could sue both Enemkpali personally, as well as the Jets, since a Jets employee is the one who caused the injury. The Jets might assert a defense that Smith is precluded from pursuing a civil lawsuit as he must instead go through workers’ compensation. However, it seems that Enemkpali was acting outside the course and scope of his employment, which would allow Smith to pursue both a civil lawsuit and file a workers’ compensation claim.
The Jets might also sue Enemkpali. According to my favorite ESPN personality, Darren Rovell, the Jets will have to pay Smith $206,471 in salary while he is on the sidelines. The Jets might not want to part with that kind of cash without a fight (see what I did there?).
Then, the NFLPA and Enemkpali could, in theory, go after the Jets for the $510,000 he loses by being cut in a wrongful termination action. Enemkpali’s agent, Jeff Guerriero is “THE Injury Attorney”after all. Granted, his lawsuit would depend upon the terms of his contract and the CBA as to whether fighting a teammate is grounds for release.
Finally, an insurance company is going to be stuck with Smith’s medical expenses. That company could assert a lien against Smith’s civil lawsuit or pursue a subrogation action against the Jets.
Does your head hurt yet? This whole debacle is hilarious for us non-Jets fans and a perfect bar exam question.
Steve Silver is the founder of TheLegalBlitz.com. He is a former sports reporter for the Las Vegas Sun and is now a lawyer in Philadelphia and licensed in Pennsylvania and New Jersey. You can reach him at steve@thelegalblitz.com or on Twitter @thelegalblitz.
http://www.atlredline.com/jets-idiocy-provides-primer-on-assault-and-battery-1723432778
Image via Getty Images.
