Vick v. Pankey

Husband and wife Alan and Amy Vick (plaintiffs) attended a mud track automobile race. Brothers Terry and Barry Pankey (defendants) attended the same race. Alan became intoxicated and was using obscene, insulting language. Alan’s behavior upset the Pankeys. Terry tried to punch Alan, but Alan backed away, seeming to retreat. Barry then punched Alan in the face several times as Alan retreated backward. Alan fell to the ground, and Barry continued to punch him while he was on the ground. Alan suffered multiple broken and shattered facial bones, which took several titanium plates and 27 screws to repair. Alan was blind for two weeks after the incident, and his mouth was wired shut for months as he healed. Alan also missed weeks of work. The Vicks sued the Pankeys for the attack. The Pankeys claimed that Alan’s insults had provoked the fight and that they had acted in self-defense. The incident was captured on video. After reviewing the video footage, the trial court ruled that Alan was not the physical aggressor and that Alan’s words and intoxicated behavior did not justify the Pankeys’ highly aggressive physical response. The court awarded the Vicks 100 percent of their damages. Barry Pankey appealed the award, arguing that the damages should have been reduced to account for Alan’s comparative fault in causing the fight.