Jan. 26th 2010
A lesson on why you should always show up for your court date:
Former child star and actor Gary Coleman was arrested Sunday after police responded to a domestic disturbance call at his Utah home. The officers quickly determined that no crime had been committed, but arrested Coleman on an outstanding warrant.
The warrant stemmed from a prior domestic violence incident, in the wake of which Coleman failed to appear for a court date at which point the warrant was issued. Coleman was held until Monday on $1,725 bail.
A flat tire, a medical emergency, a family crisis: there is no shortage of incidents that can lead to a missed court date, but remember that the matter will not just disappear. If you’ve missed a court date or have a warrant out, contact Bloom Legal now! We can put our experience and skill to work for you, and in many cases can appear in you place, saving you time away from work and home!
Jul. 9th 2008
TMZ reports that former child star Zachary Ty Bryan, who played Brad Taylor on “Home Improvement” is filing suit against Choice Hotels over an incident where Bryan was tased by hotel security in April. Zachary claims he was staying at a hotel in San Diego when he and a few friends went across the street to grab a Gatorade. When he came back just after midnight, Bryan’s attorney claims “the hotel wouldn’t let him upstairs, since the room wasn’t in his name.”
Bryan’s attorney claims Zachary tried explaining his wife was in the room, but the hotel refused to call her. He claims an off-duty manager, who was not involved in the initial argument, came out of nowhere and tasered Zachary in the neck. Police would later arrive, however, no charges were filed.
A hotel employee tells TMZ that “Zachary went nuts on the staff, a lot of alcohol was involved, and tasering the dude was the only safe bet”, Zachary is suing for damages in excess of $25,000.
What if you’ve been injured in a similar incident? Battery is a general intent offense. This means that the actor need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwanted contact. This also means that gross negligence or even recklessness may provide the required intent or (in criminal matters) “mens rea” to find a battery. A plaintiff or complainant in a case for battery does not have to prove an actual physical injury. Rather, the plaintiff must prove an unlawful and unpermitted contact with his or her person or property in a harmful or offensive manner. This, in and of itself, is deemed injurious. Conversely, the victim of a battery may file a civil lawsuit stemming from the same incident, in which the defendant is charged with the tort of battery. In such a case, damages are typically compensatory (a monetary award), along with special relief such as injunctive or punitive. Substantial harm is not required, but nonetheless, there must be palpable harm. Compensatory damages may be for either/both economic and non-economic (emotional) harm.