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Justin Balboa, the man filmed being knocked out by Joe Schilling, filed a personal injury complaint against the fighter and the bar where the incident took place.
Schilling and Bro Management Las Olas LLC – the legal person behind B Square Burgers in Fort Lauderdale, Florida – are named co-defendants, with vet Bellator MMA being sued for battery and the bar for negligence. Balboa seeks damages in excess of $ 30,000 from each; his co-lawyer Rich Conforti told MMA Fighting that the total damages were well over $ 100,000.
“We have started the trial, the defendants are being served,” Conforti said. “We believe that Mr. Balboa has a considerably high claim for damages for what happened based on the actions of Mr. Schilling and the negligence of Bro Management.”
MMA Fighting could not reach Schilling for comment.
Through his lawyers, Balboa, 31, claims the veteran MMA fighter “violently attacked, physically hit and assaulted him” during the June 27 incident in B Square, leaving him with “injuries. serious, “according to the lawsuit, which was filed on July 1. in the Broward County (Florida) circuit court.
Balboa describes Schilling as a professional fighter “uniquely qualified and trained to be brutally effective and unusually dangerous with his bare hands” and “has a history of involvement in street altercations … including the use of physical force against third parties” . Schilling, notes the suit, shared footage of the knockout and admitted to punching it.
Balboa also claims that B Square Burgers was located in a high crime rate area where assaults frequently occurred and created dangerous conditions by not providing adequate security.
In the viral video, Balboa is shown at Bar B Square talking to patrons before bumping into Schilling, who moves him to the side and continues to walk. Balboa appears to be saying “hey”, causing Schilling to turn around. Then Balboa appears to lightly rush at Schilling, who responds with a combination of punches that puts him cold.
Bodycam footage obtained by MMA Fighting shows a bloodied man identified by police as Balboa – whose face is blurred under privacy laws – telling officers who responded he was at the bar on the train having fun when another man “cracked” him for no reason and “chased me down, bro” and “beat my ass.” Calming his words, Balboa said he called the police because He was being chased and officers later told him he was going to need stitches on his lip.
“I just wanna make sure I got a relationship cause I’m chasing the fuckin ‘ [B Square]”said Balboa.
When asked if he wanted to press charges, Balboa growled “f * ck yeah” identified his attacker as “at least” 6-5, 270 pounds and white.
“I’ve been boxing for 13 years, man, I know how much people weigh,” he said.
In a police report, a manager of the B Square bar identified only as “Mike” told police that an “extremely drunk” Balboa “may have” made an inappropriate remark about the girlfriend / wife of the ‘man who had hit him, which caused the brawl to intensify. ” He added that Balboa was a regular “who regularly causes problems in the facility due to his level of intoxication.” Police said several customers supported the manager’s story that Balboa started the “kerfuffle”.
In body camera footage, the bar manager said Balboa was a “typical drunk guy”, “harmless” and “probably on Molly” as he chatted with several couples around the bar. After asking Balboa to relax, the manager said he tried to calm another man who told him “this guy is not okay”. The manager later said the man closed his bill, came back and had another drink, then punched Balboa as he stepped out.
A day later, Balboa went to the police station and said he wanted to press charges against Schilling, whom he identified after the video went viral.
Showing the video to an officer in body camera footage, Balboa said: “Looks like I [lunged], but the point is, I leaned over to hear it, because the DJ is making loud music. I didn’t mean to fight the guy.
“Yes, he probably took this action like this as a sham,” the officer replies.
“The point is, he was the one who posted this video,” Balboa said. “His table is the one that recorded him. It was premeditated. “
Balboa, who told police he worked as a bus waiter at the Outback Steakhouse, said he “wasn’t myself” and had had a few beers before the incident, but that he wasn’t so drunk. He told the officer that he suffered a concussion as a result of the coup de grace and that he had been given stitches for his cut lip.
According to public court records, Balboa sued another bar in 2013 for more than $ 15,000 after an alleged physical altercation. He claimed the bar was negligent in failing to stop an attack on September 30, 2012, which allegedly caused him serious injuries from several assailants.
During the alleged encounter, Balboa claimed he was blinded by a punch, then beaten and stomped “for minutes” by a group of at least five bar patrons “while lying on the defenseless ground “. One client put a knife to his throat during the beating, while another attempted to suffocate him. He was then dragged outside and beaten again until someone shouted that the police were coming, and he hid behind a dumpster.
Balboa claimed the bar, the now-closed Andy’s Lounge, was well known for its fighting and other unrest and did nothing to stop the fighting. Lawyers for the bar argued that Balboa was partly responsible for the attack, claiming he was intoxicated and was behind the incident. In September 2014, 17 months after the complaint was filed, Balboa and Andy’s Lounge paid an undisclosed sum. Balboa declined to comment on the lawsuit when contacted by MMA Fighting.
A police spokesperson said Balboa will have to convince the state attorney’s office to prosecute Schilling for simple battery, a misdemeanor in Florida. On social media, Schilling wrote that Balboa had made racist remarks before the incident and was “scared for his life” and defended himself when he fought back. In a recent interview, he said no charges have been filed against him and said his actions were validated by Balboa’s past.
“I haven’t done anything wrong and stand by it,” Schilling recently told Helen Yee (h / t MMAMania.com).
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