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HIT MAN WITH HAMMER, HE WINS $79,100
CEDAR RAPIDS, IA. - An Iowan who admitted hitting another man on the head with a hammer was awarded $79,100 in Linn County district court here Friday - to be paid by the man he hit. Vincent F. Russo of rural Marion was awarded the money by a jury in his suit against Kenneth R. Willman, also of rural Marion. Russo sued Willman for assault and battery and malicious prosecution. The award included $50,000 in punitive damages, believed to be one of the largest ever made in Iowa. Complicated Case The complicated case dates back to June 29, 1974, when Russo and Willman, whose properties adjoin, had a fight. Details were disputed. Willman said Russo started the fight. Russo said Willman started the fight. Russo admitted he hit Wilman on the head and chest with a hammer - but said he acted only in self-defense. Russo said he dropped the hammer as soon as he realized he had hit Willman and that Willman then picked it up and hit Russo with it. As a result of the fight, sheriff's deputies charged Russo with assault with intent to do great bodily injury, a felony. The charge was filed even though Willman did not sign it. At a preliminary hearing before an associate district judge, the charge was thrown out. Went to Court Russo then went to court and charged Willman with assault and battery and malicious prosecution. Willman filed a counterclaim for assault. The case was tried here with week before District Judge August F. Honsell. The jury returned its verdict Friday afternoon, awarding Russo $100 compensatory damages and $4,000 punitive damages on his assault and battery claim, and $25,000 compensatory damages and $50,000 punitive damages on his malicious prosecution claim. Willman's counterclaim was denied by the jury. Cedar Rapids attorney Tom Riley, who represented Russo, said Friday night he believes the punitive damages award is the largest ever handed down in an Iowa court. Tom Riley Law Firm, P.L.C.
Phone: (319) 363-4040
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