Updated Sat, Aug 2, 2014 10:11 am
A former Ohio University fraternity member has won judgment in a civil case regarding him having been stabbed by a rival fraternity member.
Michael Gallas, of Athens, was awarded a summary judgment in his favor against one of his alleged assaulters, Mario Jenkins.
Athens County Common Pleas Judge George McCarthy awarded the judgment because there has been no response from Jenkins in regard to the lawsuit.
Gallas filed suit in February asking for more than $25,000 to pay for medical bills and other expenses incurred after a group of OU students attacked him, according to previous Messenger reporting.
Those named in the suit were Jenkins, Patrick Barry and Gabriel Sirkin. Five other individuals were also sued, but they were unidentified in court documents.
Barry, 21, pleaded guilty to charges related to the attack, which occurred in February of 2013. He pleaded guilty in October to aggravated assault, a fourth-degree felony. In accordance with his plea agreement, he entered the diversion program and his guilty plea has been held in abeyance on the condition that he complete the diversion program.
During the criminal case, Barry was ordered to pay $4,876 in restitution for medical bills.
In response to the civil suit, Barry argued that Gallas’ injuries “if any, were caused or brought about by the negligence of (Gallas) and/or a third person over whom (Barry) had absolutely no control,” court documents stated.
Although Barry was the only one criminally prosecuted, Gallas claimed that he was hit in the face by Jenkins during the assault, causing a broken tooth. While Gallas was recovering from the hit, Sirkin gave a beer bottle to Barry, who broke it and “proceeded to repeatedly stab” Gallas, according to court documents filed in the suit.
“By organizing friends and associates, Mario Jenkins created a mob seeking to harm ... Gallas and, as such, the injuries to Gallas were a foreseeable consequence,” wrote attorney Jay Hurlbert, who represents Gallas in the suit.
The summary judgment did not specify how much Jenkins would have to pay Gallas, but it did order that the case would proceed against the other defendants.