Visitor Question

What to do about a man shoving me out of his store?

Submitted By: Jimmie (Grimsley, TN)

I had a house built in October of 2015. Since then I have had to have work done on my water heater due to improper wiring. Last night the electric outlets quit working in my spare bedroom. I passed the man’s business that wired my house and told him about the problem. He said he was no longer in the electrical business.

I asked him when that happened and he replied that mine was the last. I was very upset about my problem and told him that it probably was, but I expected him to do the right thing. He asked me to leave his store, I told him I would and as I was leaving I told his customers not to do business with him because of the way he had treated me.

He Shoved me very hard, almost at the point of falling. I am 66 yrs old and suffer from osteoporosis of the spine, TMJ, and a torn rotator cuff. I am hurting all over my upper body, jaw, top of my head, neck and spine.

I went to the emergency room and was sent home and told to get with my primary next week, or come back to the ER if my symptoms worsen. I am also having blurred vision.

What can I do about this? I called the police, but it is a small town redneck, backwoods Police Dept. and they shove everything under the rug. I have just moved here from Roswell, GA, and am not used to dealing with Police officers. But these people are not civilized, and I don’t know what to do about this situation. I will not get any help from them.

Is there anything I can do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jimmie,

Your experience was indeed unfortunate. Other than for self-defense or the defense of a third party, it is entirely inappropriate to shove someone.

You can make a second attempt to file a criminal assault charge against the former electrician. This time ask to speak with the Sergeant.

From the facts you present the the man violated Section 39-13-1-1(a)(1)(3) of the Tennessee Code, which reads as follows:

“(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.”

The person making the assault can be charged with a misdemeanor.

In the event the police again refuse to investigate the matter, you can go directly to the Campbell County, Tennessee District Attorney’s Office and ask a case to be filed against the man. The district attorney’s office has the power to do so, even in the absence of a referral by the local police department.

Here is contact information for the Campbell County District Attorney’s Office:

Campbell County District Attorney 575 Scott High Drive Huntsville, TN, 37756 Phone: 423-663-2544

Finally, to have the basis of a civil personal injury claims against the man will require a physician to identify one or more specific injuries you sustained, and that those injuries were the direct result of your having been shoved my the man.

Because the injuries you sustained appear to be relatively minor, you will have difficulty finding an attorney who will accept your case. At this time your best bet would be to pursue a criminal complaint.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 8, 2016

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