January 24, 2007
MEMORANDUM OF DECISION
This is a two-count civil action in negligence and assault, wherein the plaintiff is seeking money damages from the defendant for personal injuries allegedly caused by the defendant on May 28, 2003. The injuries are alleged to have resulted when the plaintiff was struck in the head with a piece of cement or a rock by the defendant.
The defendant has been defaulted for failure to appear. The court heard the matter as a hearing in damages on January 17, 2007. The defendant is not in the military service.
As a result of being struck by the defendant, the plaintiff sustained the following injuries: a severe and painful 2 cm laceration of the scalp, dizziness, vertigo and visual disturbance, and a severe shock to his nervous system. As a result of his injuries, he has incurred expenses for medical care and attention, x-rays, and medicines. He has been left with a small permanent scar on his head within the hair line. He has incurred hospital and medical expenses of $1,907.49. He has no medical insurance.
The court finds that his economic damages are $1,907.49 and that fair and reasonable non-economic damages are $13,000.00.
Judgment may enter on both counts of the complaint in the amount of $14,907.49.