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Personal Injury
Intentional Tort
Battery

Timothy King v. Billy Clark

Published: Aug. 17, 2004 | Result Date: Dec. 16, 2003 | Filing Date: Jan. 1, 1900 |

Case number: YC047440 Bench Decision –  $268,282

Judge

Lois Anderson Smaltz

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Eugene L. Kusion


Defendant

David Brockway


Experts

Plaintiff

Khaled Tawansky
(medical)

Facts

Timothy King, a 12-year-old student, went to his friend's apartment on July 12, 2003. When he got there, the friend's father, former Marine Billy Clark, decided that the three should play a game of "Marines." Clark turned off the lights and gave the boys pellet rifles, and equipped himself similarly. During the game, Clark shot King several times. One of the shots hit King in the eye. King sued Clark for negligence and intentional tort. Clark failed to answer the complaint.

Injuries

King sustained a traumatic eye injury caused by a BB pellet. The pellet tore the lens capsule of King's right eye, created a secondary cataract, phacomorphic uveitis, phacomorphic glaucoma, iris sphincter tears and vitreous inflammation. It also left debris. A vitrectomy was performed to remove the vitreous, as was a lensectomy with IOL implantation (implantation of plastic lenses) and a pupilloplasty to repair the pupil. King now has 20/100 vision which can be corrected to 20/30 to 20/40 with lenses. He claimed a future risk of eye inflammations, retinal detachment, and glaucoma.


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