Tae Kang v Prakashba Patel

Case Background

On January 13, 2021, Tae Kang filed a personal injury lawsuit against Prakashba Patel after Patel attacked Kang in the parking lot of a strip mall for taking photographs of his vehicle. The lawsuit was filed in the Delaware Superior Court, New Castle County. Judge Kathleen M. Vavala presided over this assault lawsuit. [Case Number: N21C-01-081]

Cause

Plaintiff Tae Kang resided at 425 N. Guernsey Road, West Grove, Pennsylvania. Defendant Prakashba Patel resided at 210 Sulky Circle, Wilmington, Delaware. On February 5, 2019, Plaintiff was in the parking lot of a strip mall at 3800 Lancaster Pike, Wilmington, Delaware. Defendant was also present in the same lot at the same time. Plaintiff asked Defendant to park at the back of the mall. When Defendant refused, Plaintiff began taking pictures of Defendant’s vehicle. Defendant noticed Plaintiff photographing his vehicle and reacted by kicking Plaintiff’s hand, which held the phone. Defendant then proceeded to attack Plaintiff, striking the left side of his face and jaw. The attack was violent and without remorse.

Injury and Damages

As a result of Defendant Patel's actions, Plaintiff Kang suffered permanent injuries, pain, and suffering. He also endured mental anguish and severe emotional distress. Additionally, Plaintiff experienced a loss of income and earning capacity, as well as a diminished quality of life. Furthermore, he incurred medical expenses, both past and future, due to his physical injuries. Therefore, Plaintiff sought judgment against Defendant for personal injuries, pain and suffering, loss of income, punitive damages, court costs, interest, and any other relief the Court found just and proper.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Tae Kang
  • Counsel for Plaintiff(s): Andres Gutierrez de Cos

• Defendant(s): Prakashba Patel
  • Counsel for Defendant(s): Raeann Warner

Claims

Tae Kang included the following claims in his complaint: Count I – Intentional Torts – Assault and Battery Defendant Prakashba Patel committed the intentional torts of assault and battery by violently and continuously attacking Plaintiff Tae Kang. His actions showed a depraved indifference, as he acted with complete disregard for Plaintiff's safety. Defendant Patel was indicted by a New Castle County Grand Jury for second-degree assault in connection with his attack on Plaintiff Kang. Count II – Willful and Wanton Misconduct Defendant Prakashba Patel’s violent assault on Plaintiff demonstrated willful and wanton disregard for Plaintiff’s well-being. His actions reflected a conscious indifference to the high risk of harm to Plaintiff's health, safety, and welfare. Each of these reckless actions directly caused Plaintiff Tae Kang’s injuries.

Defense

Defendant Prakashba Patel denied the allegations. Defendant acknowledged that charges of second-degree assault had been filed against him. However, Plaintiff pleaded not guilty to these charges and maintained that under Delaware law, he is presumed innocent.

Jury Verdict

On October 2, 2024, the jury found that Patel assaulted and battered Kang. The jury also determined that Patel had not acted in self-defense. It was found Patel acted recklessly and exhibited wilful and wanton disregard for the safety and well-being of Kang. The jury determined that Kang's injuries were caused by Patel's actions and awarded him $6,044. Additionally, the jury found Patel liable for punitive damages, awarding $14,456. The total verdict was $20,500.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com