A section of the Complaint written by Barry Lakritz or his firm COUNT I – CIVIL ASSAULT AND BATTERY AGAINST DEFENDANT ALLAN KAPLAN Plaintiff hereby incorporates by reference the above numbered paragraphs, repeating and re-alleging same as though same were more fully set forth herein. Defendant Allan Kaplan owed a duty to Plaintiff Jampel to refrain from touching or injuring Plaintiff against her will; said Defendant violated this duty, committing actionable assault and battery against Plaintiff. More particularly, the falling onto and/or physical contact made to the personage of Plaintiff by said Defendant, when said Defendant fell onto Plaintiff’s body, constituted generalized physical acts of violence against Plaintiff, and also constituted an unconsented to touching of Plaintiff, thus constituting an actionable assault and battery. Further, this unconsented to touching of Plaintiff by Defendant Allan Kaplan was intentional in that Defendant Kaplan intended to forcefully move t...
