Eric Smith's situation deepens
The plaintiff is Decari Jenkins, a fifth-year engineering student.
Here is Jenkins' account of what happened on the night of August 21, 2009.
- He attended a function at the Lexington Hotel (you probably know it better as the former Best Western near College & University/Shug Jordan)
- He was approached by ``two presently unnamed Auburn football players in a proactive and belligerent manner."
- Jenkins' friend attempted to dissuade trouble by saying "we don't want any trouble."
- "Immediately after making the statement, (The Friend) was punched by one of the Auburn football players and rendered unconscious with one blow."
- The Friend was pulled aside by bystanders.
- Eric Smith then approached and slapped a drink from Jenkins' hand.
- ``Smith, with the aid of his cohorts, began to pummel (Jenkins) with hands and fists about his face and body."
- Jenkins was able to elude the melee by fleeing down an outside stairway.
- Jenkins went outside to make a call.
- While standing near four Auburn Police Department officers, Jenkins then was struck in the back of the head by Smith.
- "(Smith) then kicked (Jenkins), turned away from the officers and casually walked away as if nothing had happened, leaving Jenkins unconscious in a pool of blood."
- One officer assesed Jenkins. One officer called for an ambulance.
- Jenkins bled from a cut over his eye. He was taken to "the hospital" and was given medical care and was released the next morning.
- Smith soon was apprehended by the APD.
- ``The Auburn Police Officers were approached by Auburn football players wearing Auburn University attire who identified (Smith) to the officers as being a football player. They also inquired as to `what could be done.'"
- Smith was charged with assault. He later filed a charge against Jenkins, which Jenkins' lawyer writes ``was later dismissed with prejudice."
- Jenkins now says he "continues to suffer grievous and permanent injury as a result of (Smith's) actions."
- The permanent injuries? Fourteen stitches have caused "permanent scarring to his face" and he claims to suffer from Post Concussion Syndrome.
He claims the syndrome is causing an "altered gate" (I think he meant "gait"), inability to concentrate, headaches, sleeplessness, vertigo and nausea.
NOTE: I will be posting the lawsuit as soon as Blogger.com gets its act together and lets us post pictures again.