Later this month, a jury will be empaneled to determine what U.S. Sen. Rand Paul will receive in damages for injuries resulting from the 2017 attack by his neighbor Rene Boucher, and recent court filings by Paul’s attorney set out the medical costs the lawmaker has incurred.
Boucher is being sued in Warren Circuit Court by Paul, who suffered six broken ribs and contracted pneumonia after being tackled in his yard by Boucher, a retired physician who has said in previous court hearings that the incident was spurred by a collection of tree trimmings and other yard waste that collected in Paul’s yard near the property line his residence shares with Boucher’s in Rivergreen subdivision.
Special Judge Tyler Gill determined Boucher is liable for the senator’s injuries, and a jury trial set to begin Jan. 28 will settle the question of what Boucher must pay in damages.
Attorney Tom Kerrick, who represents Paul, said in court filings that the senator has incurred medical bills and expenses in the amount of $3,688 and is anticipating additional costs of $5,000 to $8,000 for a hernia surgery Paul has scheduled to have performed next week in Canada.
Paul is also seeking up to $500,000 for past and future pain and suffering, “which also includes deprivation from enjoyment of life and increased risk of future harm,” and up to $1 million in punitive damages from Boucher, according to a response Kerrick filed Jan. 7 to interrogatories from Boucher’s attorney, Matt Baker, asking to specify the amount in damages Paul is claiming.
“After presenting our evidence to the court and jury, we will ask the jury to carefully consider all evidence and to make a fair allowance based upon the entirety of the facts and circumstances related to this attack and (Paul’s) injuries,” Kerrick said in the filing.
A number of people, including medical providers who treated Paul’s injuries, have been named as potential trial witnesses in court filings.
Paul’s legal team may also call as an expert witness Dr. David Porta, an anatomy professor who would testify about the estimated force used in the attack on Paul, comparing it to research he has done on the impact of 25 mph car crashes on human ribs.
In his series of interrogatories requesting information from Paul ahead of trial, Baker has asked for information pertaining to every golf game the senator played in 2017 and last year.
Kerrick has objected to the question on the grounds that the information is beyond the scope of evidence in the case, but also notes in his response from last month that Paul did not play golf in the 2017 calendar year after the attack.
“(Paul) does recall that after this assault which took place on Nov. 3, 2017, he did not play golf again until late February 2018,” Kerrick said in the response. “After playing this first time following the assault, he does not recall each and every time that he has played golf ... while he has played golf after the assault, it does still cause him occasional pain to swing or bend.”
In another interrogatory requesting information about a ski trip, Kerrick responded that the senator took a weekend skiing vacation to Utah with his family in March, court filings show.
Boucher has pleaded guilty in federal court to a criminal charge of assaulting a member of Congress and has served a 30-day jail sentence, though federal prosecutors continue to seek a harsher punishment.
Gill imposed an injunction against Boucher in August that orders him to stay at least 200 feet away from Paul and his family while Boucher is on his property, and at least 50 feet away from the Pauls everywhere else.
The injunction was sought by Paul after his wife, Kelley Paul, claimed in an affidavit that she was made uncomfortable by multiple chance encounters with Boucher following the attack.
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