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00:01He seriously hurt me that night.
00:03You got kicked in the face.
00:06No.
00:07I used my leg, and I kind of went like that.
00:09Could I play the video, please?
00:14That's a kick.
00:15I, uh, he...
00:15I, uh, what?
00:17Don't smile. You look like an idiot.
00:19This is Judy Justice.
00:38Danny Alayan is suing his former friend, Ashton Ingalls, for damages after being assaulted by Ashton at a party.
00:47Court come to order.
00:49All rise.
00:51Have a seat, please.
00:55Judge case number 4005, Alayan versus Ingalls.
00:59You're welcome.
01:00Where are you gentlemen from?
01:02Uh, Metro Detroit.
01:04Metro Detroit.
01:06And how long have you all been friends?
01:08Years.
01:08All of you?
01:09Yes, ma'am.
01:10Nice.
01:11Ever been to California?
01:12First time.
01:13Are you having a good time?
01:15Yes, ma'am.
01:15Yes, ma'am.
01:15I'm so pleased.
01:19So, this is what this case is about.
01:22You were at a party. I assume all of you were there.
01:24According to the complaint, you decided that during the party it would be fun to take the party outside and
01:31all do some wrestling.
01:32You, stand up.
01:34Yeah.
01:35Yeah.
01:35Right over here.
01:37Right over there.
01:38Okay.
01:38He's your witness, right?
01:40Yes.
01:41What's his name?
01:42Nick Measel.
01:43Nick, tell me what date this party took place.
01:46December 9th.
01:47In whose house?
01:49In...
01:49No, no, no. Look at me.
01:51In Marshall's house.
01:52Who's Marshall? Raise your paw.
01:56In Marshall's house.
01:57Mm-hmm.
01:57How many people were there?
01:59Around 10.
02:00What time did the party start?
02:02Probably around 7 p.m.
02:04Is it a weekend or a weekday?
02:06Probably a Friday.
02:07Friday.
02:07Everybody go to school or work?
02:09Uh, work.
02:11Work.
02:11School?
02:12I go to work.
02:13Work.
02:14School, ma'am.
02:14School.
02:15Work.
02:16Work.
02:16Okay, so it was a Friday night party.
02:19Right.
02:19What was the favorite beverage of choice?
02:22Yours, Nick?
02:24Water.
02:25Water?
02:26Yeah.
02:27Great.
02:27And what about yours, Mr. Ingalls?
02:29I'm a big fan of Diet Coke.
02:31Okay.
02:31And what about you?
02:33Your Honor, if you're implying there is alcohol consumed, I'm a Muslim.
02:36I abstain from it.
02:37So you don't drink?
02:38Yes, ma'am.
02:39No.
02:39What about you?
02:40I don't drink either.
02:41Great.
02:42So it was all silliness that you decided just to go outside and do this wrestling?
02:47Yes, ma'am.
02:48Okay.
02:48How many people went outside?
02:50Everyone at the party.
02:51And what was the idea?
02:53Was it like jousting without those weapons?
02:56No.
02:57Was it wrestling?
02:58I want you to describe to me what it was.
03:01So we were watching Street Beefs Inside and whatnot.
03:05And Nick Measle and Danny got into an altercation.
03:09Danny, raise your paw.
03:10That's you.
03:12They got into an altercation.
03:13He's true.
03:14In the house.
03:15And then, uh...
03:16About what, Nick?
03:17Uh, he was messing with me.
03:19Like what?
03:19Just kind of, like, poking me, sort of, like, just, like, doing that stuff.
03:23And I told him to stop a few times, and he didn't.
03:26And so I pushed him, and then he slipped on the tile.
03:29Okay, you pushed him, he slipped on the tile, and he fell.
03:31Yeah, and then he got upset, and then he wanted to go outside and settle the altercation.
03:36Okay, so outside it wasn't fun anymore.
03:38Right.
03:39It wasn't outside for everybody just to have fun and wrestle around.
03:44They were angry with each other.
03:46Oh.
03:46I wasn't necessarily angry.
03:48But you were angry.
03:50I was upset.
03:51Okay.
03:51So we went outside, and what happened?
03:54Um, we started to wrestle.
03:56And then he got me into, like, a choke hold, and then I went to tap, and then he didn't
04:01let go.
04:02And so Ashton tried to stop him by, like, getting closer to him.
04:07He tried to stop him by getting close to him?
04:09Yeah.
04:09Was he gonna kiss him?
04:10What was he gonna do?
04:11I mean, he was trying to get close to him.
04:13So how was he gonna do that?
04:14What was he gonna do to try to stop this altercation?
04:17So I got involved.
04:18I was trying to get, um...
04:19How were you getting involved?
04:21He said you were getting close.
04:22I wanna know what you were doing.
04:24So Daniel had, uh, Nick Measle and a choke hold, and it was a very tight choke hold.
04:30Uh, Nick Measle tapped, and, uh...
04:33Tapped by going like this on his shoulder, like, please...
04:36Yeah, like, please stop.
04:37Please stop.
04:38Yeah.
04:38Okay.
04:38And he didn't.
04:39So, um, I get pretty close to Danny.
04:42I tell him, you gotta stop.
04:43You're gonna hurt him.
04:44Um, and then I...
04:46I, uh...
04:47I, uh, what?
04:48I used my foot, and I...
04:50I, uh, what?
04:53Just...
04:53Show me with your foot.
04:54I used my leg, cause his arms were kinda around him.
04:57Okay.
04:57And I kinda went like that.
04:59Around what part of his body?
05:01Around his torso.
05:02I was trying to get his arms out of, like, um, the lock.
05:05Okay.
05:06And then what happened?
05:07Uh, the altercation, uh, ended.
05:09When the altercation ended, did Mr. Allain complain about anything that was hurt?
05:15No, not in the moment.
05:17Just not in the moment.
05:18In which moment?
05:19How many moments later?
05:20It was a couple weeks later.
05:22Weeks later?
05:23If not months, yeah.
05:24Just a second.
05:25The incident happened December 9th.
05:27Yeah.
05:28Have you seen the plaintiff, other than today, since December 9th?
05:33Uh, only through, like, call.
05:37That's not my question.
05:38What do you mean?
05:38He's thinking very carefully.
05:39I said, have you seen the plaintiff since December 9th?
05:44That's not through a call.
05:45Uh, I...
05:45Yes.
05:46Yes.
05:47I can't remember...
05:49I can't remember exactly when.
05:50Well, let's try...
05:51But it was outside.
05:52Let's try to think back.
05:57That's not a brush with your foot.
05:59That was me trying to get his arms out.
06:00I don't care what you were doing.
06:01I don't care if you were trying to walk on Mars.
06:03That's not what you just described to me.
06:15Danny Elayan claims his former friend, Ashton Ingalls,
06:19owes for damages after Ashton kicked his jaw at a party.
06:24Now, between December 9th and January 9th,
06:29did you see the plaintiff?
06:30No.
06:31Did he contact you?
06:33No.
06:33Is that correct?
06:34No.
06:35Tell me, when you contacted him for the first time after December 9th?
06:40Less than a week later, I contacted him...
06:43By what?
06:44By phone.
06:45You called him?
06:46Mm-hmm.
06:47Uh-huh, that's not an answer.
06:48Yes, ma'am.
06:49You called him.
06:50And did you get him?
06:50Did you reach him on the phone less than a week later?
06:53Yes, ma'am.
06:54And what did you say to him?
06:55What did he say to you?
06:56I let him know that he seriously hurt me that night,
06:59and there is something we just have to do about it.
07:02We have to confront the situation.
07:04Okay.
07:06December 9th is when he allegedly, and I'm going to look at your video
07:10because you say it was caught on surveillance.
07:12When was the first time you sought medical attention or dental attention
07:16as a result of what you allege was a kick in the face?
07:19I initially hesitated to...
07:21I'd not ask...
07:22That's not my question.
07:23I want you to answer my question.
07:25When, after December 9th, did you first seek medical or dental attention?
07:31In August.
07:32Was it medical attention or dental attention?
07:34Dental attention.
07:35I'd like to see the dentist's report.
07:38I have a dentist bill, if you'd like to see that.
07:40I don't want to see a bill.
07:41Okay.
07:42I have no interest in a bill.
07:43I have an interest in somehow connecting December 9th
07:48to August and him.
07:50Well, in brief, I...
07:52Not in brief.
07:53Directly.
07:54I initially hesitated to see any type of attention for it
07:59as I hoped the issue would just go away.
08:04That's...
08:04I just hoped the issue would leave us.
08:07What issue?
08:07What issue?
08:08Ashton has left me with a lasting impingement on the left side of my jaw.
08:13It impacts the...
08:14I don't know any of that, sir, unless it's in a medical report.
08:19All I know is it's a year later.
08:20You're here.
08:21You didn't go to see a doctor.
08:23You didn't go to see a dentist for December, January, February, March, April, May, June,
08:29July, and August for almost nine months.
08:33And you want me to somehow equate a fight that happened nine months before with him.
08:39And how are you going to pull that together?
08:40I have evidence this has caused me lasting discomfort.
08:45It's a lasting impingement.
08:47I've been to several doctors.
08:49Well, I want to see the first doctor that you went to and the doctor's report.
08:53Could I hand this to the bailiff?
08:54Yes, of course.
08:55This is dentistry.
09:05That's in August.
09:06Yes, ma'am.
09:07Would you take this away, please?
09:09Tells me absolutely nothing.
09:11When I tried to address the issue with Ashton...
09:15Well, what issue were you trying to address, sir?
09:17The lasting pain in my jaw.
09:19Well, just a second.
09:20You said you spoke to him a week later.
09:22What were you calling him for instead of a dentist?
09:24I was hoping we could work this out outside.
09:27Work what out?
09:29I'm asking you.
09:30Work what out?
09:31There was an issue created with the lasting impingement with my jaw.
09:36I have this issue, and it doesn't seem to be leaving me anytime soon.
09:39It affects me whenever I speak.
09:42It hurts me right now speaking to you.
09:43It gives me piercing headaches.
09:45I can't sleep on my face, and that's my preferred way to sleep.
09:49And because of that, I lose sleep.
09:51It's all because of the left side of my jaw.
09:52I'm going to see the video.
09:53I don't know what happened to you between December 9th and August 21st,
09:56when you first went to the dentist.
09:58Well, I hesitated.
10:00But sir, did you say you work or go to school?
10:02I go to school.
10:03You go to school.
10:04Okay.
10:04If you go to school, I have to assume that you're a relatively intelligent individual,
10:09that if you have pain in your jaw that starts in December,
10:12you don't wait until the end of August to have it addressed by a medical professional.
10:16You don't call somebody who doesn't look like he has a medical degree or a dental degree
10:21and say, how are we going to resolve this issue?
10:23The issue gets resolved by you going to a dentist, having that person write up an evaluation
10:28that this was as a result of a blow to the jaw that just happened.
10:33It's consistent with being hit in the face.
10:36Therefore, this is what I have to do.
10:38You don't have none of that.
10:40Yes, I do.
10:41Well, let me see it from a medical professional.
10:43Yes, ma'am.
10:43That's what I want to see.
10:44I have before me x-rays and then...
10:48X-rays?
10:49Don't do it for me.
10:50I don't read x-rays.
10:51Yes, ma'am.
10:52I have a referral from my dentist saying this is likely the course of treatment that I need.
10:58Just a second.
10:59I'll take a look at it, but unless you connect it to something that happened December 9th, you have no
11:04case.
11:05Yes, ma'am.
11:05I hesitated to bring attention to this situation because me and Ashton live so closely together,
11:11I didn't want to form tensions between our two households.
11:14We live very closely together.
11:16Very nice.
11:16My family knows this.
11:17Very nice.
11:17You figured you would come from Detroit to Los Angeles.
11:20That would be better.
11:21Could I play the video, please, before I deal with this very expeditiously?
11:29Go to sleep.
11:31Go to sleep.
11:32Let me give up.
11:33I can't even go to sleep right now.
11:37Come on now.
11:39Tap out, Nick.
12:03Oh, no, that's a kick, sir.
12:05That's not a brush with your foot.
12:08That's a kick.
12:09That was me trying to get his arms off.
12:10I don't care what you were doing.
12:11I don't care if you were trying to walk on Mars.
12:14That's not what you just described to me.
12:16What you just described to me was more like a dance step.
12:20That's a kick.
12:21And after you kicked him in the mouth, he put his hand over his mouth.
12:25Do you understand?
12:27You want to see it again?
12:28Yeah.
12:29Okay.
12:29Because I want you to show me, because I'm going to have to play it back from here.
12:33Show me what you did before with your foot.
12:35I went like this with a circle.
12:37It was like a pechanga step.
12:39It's like this.
12:41No, that's not that.
12:44That's not that.
12:45Play it again, Sam.
12:50Yep.
12:51That went right to his mouth.
12:53Okay.
12:53No.
12:54You can't do that.
12:59Do I have to look at it again?
13:00I'm looking at your face.
13:01No.
13:02I just think it didn't seem like a very forceful kick on purpose, but I just think that if
13:08my friend was in a choke hold tap and someone didn't let go, I'd probably do the same thing
13:12as the defendant.
13:12Oh, then I would have to yell at you.
13:14Oh, then I would have to yell at you.
13:42I would have to look at him for tomorrow and August.
13:44That doesn't sound intelligent to me.
13:47But you're not allowed to do that, so there has to be a consequence for that, sir.
13:51Your Honor.
13:52Yeah?
13:52I don't believe that was a kick.
13:54Let's do it again.
13:55Why do you think he's holding his mouth instead of his arm or his leg or whatever?
14:00Why do you think he's holding his mouth?
14:01There's a... That's a kick.
14:03I'll do it again.
14:04One more time.
14:09That's a kick.
14:11Nick.
14:11Yeah.
14:12Don't smile. You look like an idiot.
14:15Okay.
14:16I assume you all had a lovely trip to Los Angeles from Detroit.
14:20Got to see a couple of sites. Did you, Nick?
14:23Did you see anything?
14:24I've been to In-N-Out, and that's about it.
14:27Really?
14:28In-N-Out was great.
14:29Hmm?
14:30In-N-Out Burger was amazing.
14:31I know. I love them myself.
14:33Yeah, we had three of them.
14:35Yeah, I know. Good.
14:36Okay.
14:36You can't kick him in the face. Do you understand that?
14:40It was even a more gratuitous kick than that.
14:44Am I not seeing it?
14:45No, you're...
14:46You're good.
14:48Do I have to look at it again? I'm looking at your face.
14:49I just, no, I just think if my friend was in a chokehold and I saw him tap and I,
14:55it didn't seem like a very forceful kick on purpose,
14:58but I just think that if my friend was in a chokehold tap and someone didn't let go, I'd probably
15:03do the same thing as the defendant.
15:05Oh, then I would have to yell at you.
15:07Yeah.
15:08Okay.
15:10Your problem, sir, is that what you have to do when courts really impose a burden on a plaintiff,
15:16and that burden is to show a nexus between an act and an injury.
15:21Clearly, there was an act that I believe was unlawful.
15:24When you got kicked in the face, you put your hand over your mouth as soon as you were kicked.
15:30That's clear from the video, but you didn't lose a tooth.
15:35You don't have a photograph of a bleeding mouth.
15:37You failed to seek medical attention the whole month of December, January, February, March, April, May, June, July, until the
15:48third week in August.
15:49And how do I know whether the trouble that you're feeling in your mouth is not as a result of,
15:55let's say, you have TMJ from stress, which causes you difficulty?
16:01I can't speculate that whatever happened to you on December 9th, because you didn't do what was necessary for you
16:09to sue somebody,
16:11I can't impose all of your dental bills on the defendant.
16:14If, however, sir, you did the smart thing, which was immediately, after this injury happened, went to a dentist and
16:21say,
16:21I was just kicked in the mouth, although I don't have any loose teeth, I don't have any teeth that
16:26fell out,
16:27I am having pain in my mouth and I'm having discomfort, and memorialized this incident, then we'd be in business.
16:34Some nine months later, I don't know what's wrong with you.
16:37And no dentist told me what's wrong with you.
16:40No dentist, no medical professional told me what's wrong with you.
16:43All you have is a bill.
16:44I have records right here before me of possible routes of treatment I may need, which I will need.
16:50I don't care what you will need unless it identifies the reason for that.
16:55Unless it identifies what the cause is for your mouth trouble, it's irrelevant to this case, sir.
17:02The issue did not manifest out of thin air.
17:04Oh, yes, certainly, sir.
17:06You can wake up in the morning with TMJ, you can wake up in the morning with something wrong with
17:09your bite.
17:10That can happen to you in a day, a week, a month.
17:13I have a father who's a dentist, and my brother's a dentist, and believe me, it can happen at any
17:17time.
17:17You waited nine months to complain about something where there was no visible sign of injury in December.
17:25None.
17:25Because I wanted to work the issue outside the court.
17:28But I can tell him that you can't put your hands or your feet on somebody, sir.
17:34Do you understand?
17:35I do understand that.
17:40I really wasn't a kick.
17:41I was just trying to get him off of Nick Measle.
17:43Well, then you should have gotten down on the floor and tried to pull him by the arms instead of
17:46kicking him in the face.
17:49Judgment for the plaintiff in the amount of $250.
17:52We're done.
17:52Thank you very much.
17:53This court is adjourned.
17:58He consented the wrestling match.
18:00I didn't feel him tap out.
18:01If I felt him tap out, I would have let go of him.
18:03It wasn't a kick.
18:04It was more of trying to get him off Nick Measle here.
18:06It hurt pretty bad.
18:07That's about it.
18:08He always makes a big deal out of everything.
18:12He disregarded me.
18:13I mean, if it was anyone else, he would have given me a pat on the back and said, let's
18:16go home.
18:16But since it's Danny, we're here in court.
18:21I sort of disagree with you on that one.
18:23I know you were just giving him a slap on the wrist, you know, $250 compared to the $6,000
18:28in damages that the plaintiff couldn't prove.
18:31But to me watching that video, I'm trying to place myself in the shoes of the defendant in that moment.
18:36And the plaintiff was the one that was angry.
18:38He wanted to take it outside.
18:41The defendant's witness said he wasn't angry, but he wanted to take it outside.
18:45So we took it outside.
18:46When you do that, to me, you're assuming the risk of whatever happens to you.
18:50And it was clear in the video, we clearly saw the defendant witness tap out when he couldn't breathe.
18:56And the plaintiff was not letting go, probably because he was angry.
19:00Your rationale says if you see your friend getting hurt and he tapped out, what if he took out a
19:06gun and shot him in the leg to get him off?
19:08I don't think you can equate deadly force for that situation with what I believe to be a light kick,
19:14if you want to call it that.
19:15But you can't interpret it like if it's a point of law that you're saying you saw a friend that
19:20appeared to be in dire circumstances.
19:22Equal force to what's being administered.
19:24And a chokehold is a much stronger use of force.
19:27But that's between the two combatants.
19:28It doesn't matter.
19:29You took it too far.
19:30He tapped out.
19:30You didn't listen.
19:31Now you're getting really nervous.
19:32And I can imagine the friend getting very nervous.
19:35He tapped.
19:35He can't breathe.
19:36And so what am I to do?
19:38That's an awful lot of machinations that are going through your mind in one second, not yours.
19:42No, no.
19:42In the defendant's mind in one second.
19:45I'm going to do this.
19:46I have to use this.
19:47I can use this much force now.
19:49He could have gotten down and tried to pull his arms away.
19:51Sure.
19:52Could have done that.
19:53It was...
19:53Would you have ruled differently if he had done that and yanked his arm and pulled his shoulder out of
19:57his socket?
19:58Would you have ruled differently if he had done that?
20:01Listen to me.
20:01If the plaintiff would have demonstrated that that kick or pulling his arm out of his socket caused injury...
20:11No, I agree.
20:12...caused injury, he would have been...
20:14Paying the bill.
20:15Paying the bill for that injury.
20:16Even with this kick that I'm viewing as maybe less serious as you are, I think if he could have
20:20demonstrated the nexus, I agree he should have still been compensated.
20:23I cannot imagine kicking somebody in the face.
20:26I just can't.
20:28Even if you're funny.
20:29That's why I was asking whether there was any alcohol.
20:31And everybody drinks water.
20:34They're the only 10 people on earth in Detroit that have a party on a Friday night that don't drink
20:39alcohol.
20:42Are you a victim of an assault?
20:44Go to JudyJustice.tv
20:48LeeNotes.
20:48Do you see any alcohol.
20:49Go to Judy same thing.
20:59Better witness.
21:01You.
21:02Go to Judy.
21:13Go to Judy.
21:13Go to Judy show�.
21:14Go to Judy.
21:15Go to Judy.
21:15Go to Judy continue.
21:15Go to Judy.
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