QUESTION

Civil Lawsuit for Compensatory Damages

Asked on Aug 16th, 2013 on Civil Litigation - North Carolina
More details to this question:
I was assaulted by my then boyfriend who resides in La Plata County, Colorado. He plead guilty and is serving a two year probation. I want to file a civil action against him for compensatory damages (lost wages/benefits, pain and suffering, mental anguish) and plead for punitive damages and attorney's fees. I live in NC. Do I have to file the lawsuit in CO where the assault happened and where he lives or can I file in NC. Also, he asked me to quit my job in NC to join him in CO. I quit my job and flew to CO and the next week he beat me up (assault mentioned above). Can I sue him for Breach of Oral Contract in NC?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The issue is what, if any, contacts your ex-boyfriend has with NC.  None are apparent from what you've written.  He resides in Colorado, and the assault took place in Colorado.  Does he own any property in NC?   Does he travel to NC often?  Does he do any kind of business in NC, for example advertise his services to NC residents?  Unless your ex has some kind of significant contact with the state of North Carolina, a North Carolina court could not exercise jurisdiction over him; you would have to sue him in Colorado.  As for suing him for breach of contract, I suppose it could be an implied term of the contract that he not beat you up, but it's not really a good fit.  You may want to think about whether it is really a good idea to assert that claim.  It seems farfetched to me, and I don't see much benefit from adding what seems to me to be a tenuous claim, which may give your ex a basis to move to dismiss, thus delaying the action.  It seems to me that your best chance of a substatnial recovery would be from punitive damages on your assault claim (assuming that your ex has the wherewithal to pay them), not moving expenses on a breach of contract claim (usually you can't recover punitive damages for breach of contract, nor can you recover for pain and suffering or mental anguish based on a breach of contract), and therefore you should do whatever you can to move that claim forward quickly.  
Answered on Aug 19th, 2013 at 5:30 PM

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