He seriously hurt me that night.
You got kicked in the face.
No, I used my leg, and I kinda went like that.
Could I play the video, please?
That's a kick.
-I... -I, What?
Don't smile. You look like an idiot.
[narrator] This is Judy Justice.
[narrator] Danny Alayan is suing his former friend,
Ashton Ingalls, for damages
after being assaulted by Ashton at a party.
[Kevin] Come to order. All rise.
[Judy] Have a seat, please.
Judge, case number 4005. Alayan versus Ingalls
-Thank you. -You're welcome.
Where are you gentleman from?
-Metro Detroit. -Metro Detroit.
-And how long have you all been friends? -Years.
-All of you? -Yes, ma'am.
-Nice. Ever been to California? -First time.
-Are you having a good time? -[both] Yes, ma'am.
-I'm so pleased. -[audience laughs]
So this is what this case is about.
You were at a party. I assume all of you were there.
According to the complaint, you decided that during the party,
it would be fun to take the party outside,
and all do some wrestling.
You, stand up?
-[Nick] Yeah. -Yeah.
Right over here. Right over there.
-Okay. He's your witness, right? -Yes.
-What's his name? -Nick Measel
Nick, tell me what day this party took place.
-December 9th. -In whose house?
-No, no, no. Look at me. -In Marshall's house.
Who's Marshall? Raise your paw.
-Thank you. In Marshall's house. -[Nick] Mm-hmm.
-[Judy] How many people were there? -[Nick] Around ten.
[Judy] What time did the party start?
Probably around 7 p.m...
-[Judy] Is this a weekend or a weekday? -Probably a Friday.
-Friday. Everybody go to school or work? -Uh, Work.
[Judy] Work. School?
-I go to work. -[Judy] Work.
-School, ma'am. -[Judy] School.
-Work. -[Judy] Work.
-Okay, so it was a Friday night party. -Right.
What was the favorite beverage of choice?
Yours, Nick.
-Water. -[Judy] Water?
-[audience laughs] -Yeah.
[Judy] Great. And what about yours, Mr. Ingalls?
-I'm a big fan of Diet Coke. -Okay. And what about you?
Your Honor, if you're implying there is alcohol consumed,
I'm a Muslim, I abstain from it.
-So you don't drink? -Yes, ma'am.
-What about you? -I don't drink, either.
Great. So it was all silliness that you decided
just to go outside and do this wrestling?
Yes, ma'am.
Okay. How many people went outside?
Everyone at the party.
[Judy] And what was the idea?
Was it like jousting without those weapons?
-[Ashton] No. -Was it wrestling?
I want you to describe to me what it was.
So we were watching Streetbeefs inside and what not,
and Nick Measel and Danny got into an altercation.
[Judy] Danny, raise your paw. That's you.
-They got into an altercation... -These two.
...in the house, and then-- -About what? Nick.
-He was messing with me. -[Judy] Like what?
Just kind of, like poking me. Sort of, like just doing that stuff.
And I told him to stop a few times, and he didn't.
And so I pushed him, and then he slipped on the tile.
Okay. You push him, he slipped on the tile and he fell.
Yeah, and then he got upset,
and then he wanted to go outside and settle the altercation.
[Judy] Okay, so outside, it wasn't fun anymore.
[Nick] Right.
It wasn't outside for everybody just to have fun and wrestle around.
-They were angry with each other. -Um...
I wasn't necessarily angry.
-[Judy] But you were angry. -I was upset.
Okay. So went outside and what happened?
Um, we started to wrestle,
and then he got me into, like, a chokehold.
And then I went to tap, and then he didn't let go.
And so Ashton tried to stop him by, like, getting closer to him.
He tried to stop him by getting close to him?
Was he going to kiss him? What was he gonna do?
[laughter]
He was trying to get close to him. So how was he going to do that?
What was he going to do to try to stop this altercation?
So I got involved. I was trying to get--
How were you getting involved? He said you were getting close.
I wonder what you were doing.
So Daniel had Nick Measel in a chokehold.
And it was a very tight chokehold.
Nick Measel tapped. And--
Tapped by going like this on the shoulder, like, please...
-Yeah, like please stop. -[Judy] Please stop?
-Yeah. -[Judy] Okay. And he didn't.
So, I get pretty close to Danny. I tell him, "You got to stop."
You're going to hurt him. And then I--
-I... he... -I, what?
I used my foot and I-- -[Judy] I, uh, what?
Just show me with your foot.
I use my leg because his arms were kind of around him.
-[Judy] Okay. -And I kind of went like that.
-[Judy] Around what part of his body? -[Ashton] Around his torso.
I was trying to get his arms out of, like, the lock.
[Judy] Okay. And then what happened?
Uh, the altercation ended.
When the altercation ended,
did Mr. Alayan complain about anything that was hurt?
No, not in the moment.
[Judy] Just not in the moment.
In which moment? How many moments later?
-[Ashton] It was a couple of weeks later. -[Judy] Weeks later?
If not months, yeah.
Just a second. The incident happened December 9th.
[Ashton] Yeah.
Have you seen the plaintiff, other than today, since December 9th?
Uh, only through, like, call.
That's not my question, You're thinking very carefully.
I said, have you seen the plaintiff since December 9th?
That's not through a call.
-[Ashton] Yes. -Yes.
-[Ashton] I can't remember-- -[interjecting]
I can't remember exactly when but it was outside.
Let's try to think back.
That's not a brush with your foot.
That was me trying to get his arms off him.
I don't care what you were doing.
I don't care if you were trying to walk on Mars.
That's not what you just described to me.
[narrator] Danny Alayan claims his former friend,
Ashton Ingalls, owes for damages.
after Ashton kicked his jaw at a party.
Now, between December 9th and January 9th,
-did you see the plaintiff? -No.
-[Judy] Did he contact you? -No.
-[Judy] Is that correct? -No.
Tell me when you contacted him for the first time after December 9th.
Less than a week later. I contacted him.
-[Judy] By what? -By phone.
-[Judy] You called him. -Mm-hmm.
-"Mm-hmm" is not an answer. -Yes, ma'am.
[Judy] You called him. And did you get him?
Did you reach him on the phone? Less than a week later.
-[Danny] Yes, ma'am. -[Judy] What did you say?
What did he say to you?
I let him know that he seriously hurt me that night.
And there's something we just have to do about it.
We have to confront the situation.
[Judy] Okay. December 9th is when he allegedly--
And I'm going to look at your video
because you say it was caught on surveillance,
when was the first time you sought medical attention or dental attention
as a result of what you allege was a kick in the face?
I initially hesitated to--
I did not ask-- That's not my question. I want you to answer my question.
When after December 9th did you first seek medical or dental attention?
In August.
[Judy] Was it medical attention or dental attention?
[Danny] Dental attention.
I'd like to see the dentist report.
I have a dentist bill, If you'd like to see that.
-I don't want to see a bill. -[Danny] Okay.
I've no interest in a bill.
I have an interest in somehow connecting December 9th
to August and him.
-Well, in brief, I... -[Judy] Not in brief. Directly.
I initially hesitated to see any type of attention for it,
as I hoped the issue would just go away.
[hesitating]
-I just hoped the issue would leave us. -[Judy] What issue? What issue?
The action has left me with a lasting impingement on the left side of my jaw.
-It impacts the-- -[Judy] I don't know any of that, sir,
unless it's in a medical report.
All I know is it's a year later, and you're here.
You didn't go to see a doctor.
You didn't go to see a dentist for... December, January, February,
March, April, May, June, July and August.
For almost nine months.
And you want me to somehow equate a fight that happened nine months before with him?
And how are you going to pull that together?
I have evidence this has caused me lasting discomfort.
It's a lasting impingement.
I've been to several doctors--
Well, I want to see the first doctor that you went to and the doctor's report.
-Could I hand this to the bailiff? -[Judy] Yes, of course.
This is...
...dentistry.
-[Judy] That's in August! -Yes, ma'am.
Could you take this away, please? Tells me absolutely nothing.
When I tried to address the issue with Ashton...
What issue were you trying to address, sir?
The lasting pain in my jaw.
Well, just a second, you said you spoke to him a week later.
What were you calling him for instead of a dentist?
I was hoping we could work this out outside of--
Work what out?
I'm asking you, work what out?
There was an issue created with the lasting impingement with my jaw.
I have this issue, and it doesn't seem to be leaving me any time soon.
It affects me whenever I speak.
It hurts me right now speaking to you.
It gives me piercing headaches.
I can't sleep on my face and that's my preferred way to sleep.
And because of that, I lose sleep.
It's because of the left side of my jaw.
I'm going to see the video. I don't know what happened to you between December 9th
and August 21st, when you first went to the dentist.
Well, I hesitated--
[Judy] But, sir, did you say you work or go to school?
-I go to school. -[Judy] You go to school.
Okay. If you go to school, I have to assume
that you're a relatively intelligent individual,
that if you have pain in your jaw that starts in December,
you don't wait until the end of August
to have it addressed by a medical professional.
You don't call somebody who doesn't look like he has medical degree
or a dental degree and say, how are we going to resolve this issue?
Well--
[Judy] The issue gets resolved by you going to a dentist,
having that person write up an evaluation,
that this was as a result of a blow to the jaw that just happened.
It's consistent with being hit in the face.
Therefore, this is what I have to do.
You don't have none of that.
Yes, I do.
[Judy] Well, let me see it from a medical professional.
That's what I want to see.
-I have before me x-rays and then... -X-rays don't do it to me.
-I don't read x-rays. -Yes, ma'am.
I have a referral from my dentist saying
this is likely the course of treatment that I need. And then--
Just a second. I'll take a look at it, sir.
But unless you connect it to something that happened December 9th,
-you have no case. -[Danny] Yes, ma'am.
I hesitated to bring attention to the situation
because me and Ashton live so closely together.
I didn't want to form tensions between our two households.
We live very closely together. My family knows his.
Very nice. You figured you would come from Detroit to Los Angeles,
that would be better.
Could I play the video, please,
before I deal with this very expeditiously?
[Nick] I can't even move.
You're fine.
[laughter]
[Marshall]
[laughter]
[Marshall] He's tapping.
[Marshall]
[indistinct]
[laughter continues]
[Danny] Oh, dude.
Oh, no, that's a kick, sir.
That's not a brush with your foot.
That's a kick.
That was me trying to get his arms off him.
I don't care what you were doing.
I don't care if you were trying to walk on Mars.
That's not what you just described to me.
What you just described to me was more like a dance step.
That's a kick.
And after you kicked him in the mouth, he put his hand over his mouth
Do you understand?
You want to see it again?
-Yeah. -Okay.
'Cause I want you to show me-- because I don't want to play it back.
Show me what you did before with your foot.
I went like this with a circle.
It was like a pachanga step. -[Ashton] Yeah.
It's like this.
[laughs] That's not that.
[laughing continues]
That's not that.
Play it again, Sam.
Yeah, that went right to his mouth.
-[Judy] Okay. -No...
You can't do that.
Do I have to look at it again? I'm looking at your face.
No, I just think it didn't seem like a very forceful kick on purpose.
But I just think that if my friend was in a chokehold tap
and someone didn't let go, I'd probably do the same thing
-as the defendant. -Oh, then I would have to yell at you.
[narrator] Danny Alayan has accused his friend, Ashton Ingalls,
of kicking him in the jaw at a party.
Ashton claims he technically did not kick Danny.
Now, his problem is he's not going to equate.
Because I don't know what happened to him between December and August.
That doesn't sound intelligent to me.
But you're not allowed to do that,
so there has to be a consequence for that, sir.
-Your Honor. -[Judy] Yeah...
I don't believe that was a kick.
Let's do it again. Why do you think he's holding his mouth?
instead of his arm or his leg or whatever?
Why do you think he's holding his mouth?
There... that's a kick Want to do it again?
One more time!
-[laughs] -[Judy] That's a kick.
-Nick -[Nick] Yeah.
Don't smile. That looks like an idiot.
[laughter]
Okay, I assume you all had a lovely trip to Los Angeles from Detroit.
Got to see a couple of sights. Did you, Nick?
Did you see anything?
I've been In-N-Out, and that's about it.
-[laughter] -[Judy] Really?
-In-N-Out is great. -[Judy] Hm?
In-N-Out burger was amazing.
I know. I love them myself.
Yeah, we had three of them.
Yeah, I know. Good. Okay.
You can't kick him in the face. Do you understand that?
It was even a more gratuitous kick than that.
Am I not seeing it?
No, you're... you're good.
Do I have look at it again? I'm looking at your face.
[laughs] No, I just think if my friend was in a choke hold
and I saw him tap and I...
It didn't seem like a very forceful kick on purpose.
But I just think that if my friend was in a choke hold tap
and someone didn't let go, I'd probably do the same thing
-as the defendant. -Oh, then I would have to yell at you.
[laughter]
Okay. Your problem, sir, is that what you have to do
when court's really impose a burden on the plaintiff,
and that burden is to show a nexus between an act and an injury.
Clearly, there was an act that I believe was unlawful.
When you got kicked in the face.
You put your hand over your mouth as soon as you were kicked.
That's clear from the video.
But you didn't lose a tooth.
You don't have a photograph of a bleeding mouth.
You failed to seek medical attention
the whole month of December, January, February,
March, April, May, June, July,
until the third week in August.
And how do we know whether the trouble
that you're feeling in your mouth is not as a result of,
let's say, you have TMJ from stress, which causes you difficulty?
I can't speculate that whatever happened to you on December 9th,
because you didn't do what was necessary for you to sue somebody,
I can't impose all of your dental bills on the defendant.
If however, sir, you did the smart thing,
which was immediately after this injury happened,
went to a dentist and say, I was just kicked in the mouth.
Although I don't have any loose teeth, I don't have any teeth that fell out.
I am having pain in my mouth and I'm having discomfort,
and memorialized this incident, then we've been in business.
Some nine months later, I don't know what's wrong with you
and no dentist told me what's wrong with you.
No dentist, no medical professional told me what's wrong with you.
-All you have is a bill. -I have records right here before me
of possible routes of treatment I may need.
-[Judy] What? -Which I will need.
I don't care what you will need unless it identifies the reason for that.
Unless it identifies what the cause is for your mouth trouble,
it's irrelevant to this case, sir.
The issue did not manifest out of thin air.
Oh, yes. Certainly, sir, you can wake up in the morning with TMJ.
You can wake up in the morning with something wrong with your bite
that can happen to you in a day, a week, a month.
I have a father who's a dentist and my brother's a dentist.
And believe me, it can happen at any time.
You waited nine months to complain about something
where there was no visible sign of injury in December. None!
Because I wanted to work the issue out outside of the court.
I don't care what you wanted.
But I can tell him that you can't put your hands or your feet on somebody.
Sir, do you understand?
I do understand that. Um...
It really wasn't a kick.
I was just trying to get him off of Nick Measel.
You should have gotten down on the floor
and tried to pull him by the arms instead of kicking him in the face.
Judgment for the plaintiff in the amount of $250.
We're done. Thank you very much.
[Kevin] This court is adjourned.
He consented the wrestling match. I didn't feel him tap out.
If I felt some tap out, I would have let go of him.
It wasn't a kick. It was more of trying to get him off Nick Measel here.
Uh, hurt pretty bad. That's about it.
He always makes a big deal out of everything.
He disregarded me.
I mean, if it was anyone else, he would've give me a pat on the back
and said, let's go home. But since it's Danny, we're here in court.
I sort of disagree with you on that one.
I know you were just giving him a slap on the wrist.
You know, $250 compared to the $6000 in damages
that the plaintiff couldn't prove.
But to me, watching that video, I'm trying to place myself
in the shoes of the defendant in that moment.
And the plaintiff was the one that was angry.
He wanted to take it outside.
The defendant's witness said he wasn't angry,
but he wanted to take it outside. So we took it outside.
When you do that, to me, you're assuming the risk of whatever happens to you.
And it was clear in the video,
we clearly saw the defendant witness tap out when he couldn't breathe,
and the plaintiff was not letting go, probably because he was angry.
Your rationale says if you see your friend getting hurt and he tapped out,
what if he took out a gun and shot him in the leg?
-I don't think you-- -[Judy] To get him off.
I don't think you can equate deadly force for that situation
with what I believe to be a light kick, if you want to call it that.
But you can't interpret a light kick. If it's a point of law that you're saying
you saw a friend that appeared to be in a dire circumstance--
They can use equal force. Equal force to what is being administered.
And a chokehold is a much stronger use of force.
-That's between the two combatants. -It doesn't matter. You took it too far.
He tapped out. You didn't listen. Now you're getting really nervous.
And I can imagine the friend getting very nervous.
He tapped. He can't breathe.
And so what am I to do?
That's an awful lot of machinations that are going through your mind in one second.
-Not yours. -No, no.
In the defendant's mind, in one second, I'm going to do this,
I have to use this, I can use this much force now.
He could have gotten down and try to pull his arms away.
-Sure. -Could have done that. It was--
Would you have ruled differently if he had done that?
Yanked his arm and pulled his shoulder out of his socket?
-Would you have ruled differently? -Oh, no, no, no. Listen to me.
If the plaintiff would have demonstrated
that that kick
or pulling his arm out of a socket caused injury,
-No, I agree. -cause injury. He would have been--
-Paying the bill. -Paying the bill for that injury.
-No, I agree. -Even with this kick that I'm viewing,
as maybe less serious as you are.
I think if he could have demonstrated the nexus,
I agree he should have still been compensated.
I cannot imagine kicking somebody in the face.
-[Sarah] Okay. -I just can't. Even if you're funning.
That's why I was asking them if there was any alcohol.
And everybody drinks water.
[laughs]
They're the only ten people on Earth in Detroit
that have a party on a Friday night that don't drink alcohol.
[narrator] Are you a victim of an assault?
Go to JudyJustice.tv.