How Do I Sue Someone for Whipping Wet Towel and Spit on My Face?

ey1985 · #1 07-10-2008, 10:01 PM

My question involves criminal law for the state of: Illinois.

Thanks for reading. The incident happened about 4 months ago in a fitness center when I was taking a shower.

First, a stranger showed up when I was taking a shower and asked me to remove my keys/towels I placed on the other shower so he could use it. This was absurb because there were five other showers available.

Second, I said to him to go pick another shower because there are five available. He said no, and then we got into an argument.

Then, he then spitted on my face and whipped/slapped my face using his wet towel. I went back to the locker room and got dressed and came back to him and threw his stuff on the floor. I did not hit him back.

I'm wondering how can I sue this individual in small claim court? Should I sue it as assault or battery? What's the process?

Thank you so much for replying in advance...

Mr. Knowitall · #2 07-10-2008, 10:07 PM

You can sue in small claims court by filing a complaint in small claims court.

But maybe you should recognize your part in this - you were beyond obnoxious - and get over it.

ey1985 · #3 07-10-2008, 10:10 PM

I'm sorry...this process of that he spitted/whipped me first, and then I went back and got fully dressed and threw his stuff on the floor.

bigcountrysg · #4 07-10-2008, 10:52 PM

When the incident happened you should have just filed assault charges on the person. I doubt you would be able to do that now. But I do not know what the statute of limitations is for Illinios.

Also for being 4 months old I would just drop it. As you will be questioned why you waited for four months prior to taking any action.

Also what would you sue for. Did you have to see a doctor, is this for emotional pain and suffering. Did you see a therapist for that emotional pain.