In this Chicago battery case, a cab driver claimed that the client refused to pay his fare and then punched the cab driver in the face when the cabbie asked to be paid. The police confirmed that the cabbie had a bleeding lip.
Under cross-examination, the cabbie admitted that the client was on the scene for several minutes and did not try to flee, but tried to explain that fact by claiming that the client was falling down drunk. The cabbie also admitted that bystanders restrained the cabbie, not the client. He further admitted that the client's shirt had come off during the struggle. The cabbie denied injuring the client's throat or choking him, but the defense had a photo of the injury. In contrast, the arresting officer said nothing about the client being under the influence of alcohol, and agreed that the client had $365.00 in his wallet when he was arrested.
The client, who was well prepared to testify, explained that the cabbie was a terrible driver who went to the wrong address and drove recklessly. When the client told the cabbie that he was calling in a complaint on the cabbie, the cabbie became enraged and attacked him. The client agreed that he punched the cabbie, one time only, in self-defense. The result was a finding of Not Guilty by the judge.
(11 1 23102701).