Salgado v. Lenoci (In re Lenoci)

599 B.R. 599
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedApril 25, 2019
DocketBankruptcy Case No. 15 B 04436; Adversary Proceeding No. 16 A 00223
StatusPublished

This text of 599 B.R. 599 (Salgado v. Lenoci (In re Lenoci)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salgado v. Lenoci (In re Lenoci), 599 B.R. 599 (Ill. 2019).

Opinion

Janet S. Baer, U.S. Bankruptcy Judge

This matter is before the Court for ruling on the amended complaint filed by plaintiff Christopher Salgado against debtor-defendant David E. Lenoci, II, seeking a determination that a state court judgment debt is not dischargeable under 11 U.S.C. § 523(a)(6).1 For the reasons below, the Court finds that the debt is for a willful and malicious injury and is, thus, not dischargeable under the statutory exception. As such, judgment will be entered in favor of Salgado and against Lenoci.

JURISDICTION

The Court has jurisdiction over this matter under 28 U.S.C. § 1334 and Internal Operating Procedure 15(a) of the United States District Court for the Northern District of Illinois. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I).

BACKGROUND

The pertinent facts are gleaned from the Court's docket, the pleadings and attached exhibits, and the testimony given and evidence admitted at a bench trial held on March 21, 2018. At that trial, Salgado, his brother, and Lenoci testified about a fight that took place on December 11, 2001 and the events that followed. Having weighed the credibility of the witnesses and reviewed the trial transcript and evidence, *603the Court summarizes the relevant facts as follows.

A. The Fight

It is undisputed that Salgado lost the vision in his right eye as a result of being struck in the face during the fight. (Joint Pretrial Statement at 2.) The parties' main disagreement is about who caused the injury. (Id. ) Salgado and his brother testified that Lenoci struck Salgado in the face with a baseball bat. (Tr. at 73:1-21, 124:13-17.2 ) In contrast, Lenoci testified that his friend Joseph Lopez hit Salgado with a bicycle kickstand. (Tr. at 31:7-8.) In addition to disputing who struck Salgado, the parties told different stories about other events surrounding the fight.

1. Salgado's Version of the Story3

On the day of the fight, Salgado, his brother, and their roommate learned from a friend that Lenoci had threatened to damage their cars. (Tr. at 70:4-5, 83:13-85:2, 121:10-15.) To "defuse the situation," Salgado and others drove to Lenoci's house to "try to smooth things out." (Tr. at 70:11-15.) After they got out of the car and approached the house, Lenoci and Lopez came out of the house bearing weapons-Lenoci a bat and Lopez an object that looked like a pipe. (Tr. at 72:4-25.) Seeing the weapons, Salgado became concerned for his safety and retreated to the street. (Tr. at 73:1-8.) Lenoci pursued him, and "words were exchanged." (Tr. at 73:7-18.)

At the same time, a car pulled up and stopped in front of Lenoci's house. (Tr. at 93:1-94:8, 124:8-17.) As Salgado turned to look at the car, Lenoci struck him in the face with the bat. (Id. ) Salgado fell to the ground, where Lenoci and his friends repeatedly kicked him and hit him with weapons. (Tr. at 73:22-74:14, 124:5-17.) At some point, Salgado managed to get up and run away to the backyard of a nearby home. (Tr. at 74:21-75:24.) The homeowner called an ambulance, which arrived and took Salgado to the hospital. (Tr. at 76:4-14.) He remained there for three days. (Id. )

Salgado suffered injuries to the face, knee, ankle, shoulder, and forearm. (Tr. at 105:20-24.) While in the hospital, doctors told Salgado that he would lose his right eye and need a glass replacement. (Tr. at 77:6-9.) Doctors performed several surgeries to repair damage to the retina and optic nerve. (Tr. at 77:15-78:7.) Ultimately, although Salgado did not lose his eye, he lost the vision in it. (Tr. at 77:9-11.)

Shortly after the fight, Salgado moved in with his parents so that they could care for him while he was on crutches, unable to work, and taking pain medication. (Tr. at 78:21-25.) Since the injury, Salgado has had to go to the eye doctor more often than before, and, more than ten years after the fight, he had to undergo surgery to correct drifting in the injured eye. (Tr. at 78:7-14, 81:6-8.) Salgado's medical expenses for the injury totaled tens of thousands of dollars.4

2. Lenoci's Version of the Story5

Lenoci testified that he and some friends were "just hanging out" at his house on the day of the fight.6 (Tr. at 26:1-4.)

*604At some point, a girl stopped by and spoke with one of Lenoci's friends. (Tr. at 26:5-16.) After the girl left, Lenoci learned that the two had actually argued and that she had told his friend that some people were coming to "beat up" Lenoci and his friends. (Id. ) Salgado arrived at Lenoci's house twenty or thirty minutes later. (Tr. at 26:24-27:1.)

Salgado and Lenoci met in front of the house. (Tr. at 27:15-20.) Salgado and others then threatened Lenoci and his friends; in response, Lenoci told them to leave. (Id. ) They initially refused but eventually turned around and went back toward the car in which they had arrived. (Tr. at 14:1-7, 28:24-29:5.) At that time, another car pulled up in front of the house, and more of Lenoci's friends got out.7 (Tr. at 29:9-24.) The fight started soon thereafter, and Lopez struck Salgado in the face with a bicycle kickstand. (Tr. at 31:6-19.) There were several witnesses, including Lenoci's mother, who saw Lopez strike Salgado, but "they all refused" to subsequently testify on Lenoci's behalf. (Tr. at 51:5-52:16.)

B. The Criminal Case

About two months after the fight, the police arrested Lenoci and took him to the station for questioning. (Tr. at 32:9-33:24.) When officers asked him who else was present during the fight, Lenoci refused to provide them with any names. (Tr. at 35:3-16.) Lenoci testified that the police then gave him an ultimatum: "[I]f [he] didn't confess to a misdemeanor, they would upgrade it to a felony and ... [he] wouldn't be getting out of jail." (Tr. at 35:23-36:1.) Lenoci eventually accepted the "deal" and signed some sort of statement.8 (Tr. at 36:10-37:2.) The police officers also met with Salgado, and he told them his version of the story. (Tr. at 78:19-79:10.)

The State of Illinois subsequently filed a criminal complaint against Lenoci for misdemeanor battery.9 (Pl. Trial Ex. 1.) The complaint, signed by Salgado, alleged that Lenoci "knowingly caused bodily harm to [Salgado], in that he struck [Salgado] in the face with a baseball bat." (Id.

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Bluebook (online)
599 B.R. 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salgado-v-lenoci-in-re-lenoci-ilnb-2019.