An employee of RiverPro Boats in Hillsboro says the business owner physically assaulted him, so he sued and a jury has awarded him $100,000 in actual damages and $5 million in punitive damages.
In his lawsuit, Antonio Maggini, 49, of Dittmer claimed Kevin Turner, 58, of the Hillsboro area, who owns and operates RiverPro Boats, attacked him on April 7, 2015, at the business, 10892 Business 21.
On Feb. 27, after a three-day trial in front of Jefferson County Div. 5 Circuit Judge Victor Melenbrink, a jury found in favor of Maggini and set the amount of damages.
Turner countersued Maggini in the case and lost.
Stanley Schnaare, attorney for Turner, said he “absolutely” is filing an appeal.
“The excessive amount awarded was disproportionate to the injuries sustained, and we look forward to having it reversed on appeal,” Schnaare said.
Maggini’s attorney, Patrick McPhail, reported that 10 of 12 jurors found in favor of his client.
“Honestly, he’s feeling vindicated by the jury’s verdict,” McPhail said March 8.
The two sides told different stories about the alleged assault, starting with Turner’s size. In Maggini’s petition for damages, it says he is 5-foot-8-inches tall and weighs 145 pounds, and Turner is approximately 6-foot-5 and weighs “some 250 pounds.”
In his counterclaim, Turner says Maggini’s petition misstates his height and weight.
Maggini was a Riverpro Inc. employee when, according to his petition, “Without provocation of any kind, defendant Turner maliciously, wantonly and intentionally attacked plaintiff, including but not limited to punching plaintiff in the face and head, and repeatedly smashing his face into a wall. Defendant Turner punched plaintiff in the head at least 15 times and struck him twice in the head with a black object.”
Maggini’s petition further alleges that during the assault, he was “grabbed, held from behind and choked by defendant Turner.” In addition, the petition says Turner kept a gun in his office and told Maggini he was going to kill him. A co-worker, James Johnson, reportedly witnessed the entire incident and called police.
Maggini’s petition states that as a result of the attack, he “suffered and will continue to suffer severe injuries, including physical and mental injuries, lost wages, pain and suffering, humiliation and mental anguish.”
In Turner’s counterclaim, he admits that Johnson was present and witnessed “a portion of an incident between plaintiff and defendant on April 7, 2015, and that Mr. Johnson called the police,” but denies any and all of the remaining allegations.
Turner’s counterclaim states that Maggini “charged at and attacked while wielding a knife,” and because Turner believed he was at risk of injury from Maggini, “it was necessary for him “to use force, up to and including deadly force, to protect himself from imminent danger of severe bodily injury or death.” It also states that Turner “did everything in his power to avoid the danger posed by plaintiff without the use of force.”
Turner’s counterclaim also asserts that after he disarmed Maggini and tried to walk away from him, Maggini “threw a large drill with a (12-inch) drill bit at defendant, striking him in the back of the head” and when Turner turned around, “plaintiff then threw an industrial brush at defendant, striking him.” In addition, the counterclaim states the industrial brush struck Turner in the throat.
The countersuit alleges Maggini “devised a scheme to attempt to incite a violent struggle with (Turner) while having a co-employee secretly record the struggle.” It also alleges that Maggini “asked Mr. Johnson to be present during the confrontation in order to secretly record the confrontation” and that Johnson agreed to work with Maggini to enact the scheme.
Turner’s counterclaim states that as a result of Maggini’s conduct, Turner “suffered and will continue to suffer severe injuries, including physical and mental injuries, lost wages, pain and suffering, mental anguish and damages to (Turner’s) business and reputation.”
McPhail said Maggini did not sue for the money.
“It was not about his injuries and how terrible things were for him,” he said. “His case was to make sure this conduct never happens again in Jefferson County. It’s about safety in the work place. It’s about safety in the community”
He said Maggini’s health has improved since the incident.
“Physically, he has recovered,” McPhail said. “He’s got some soreness he didn’t used to have.”