QUESTION
my son was kidnapped 1/2/18 after being left in the car by his grandmother, someone stole the car. Would I have any civil case against that person?
Asked on May 10th, 2019 on Civil Litigation - Ohio
More details to this question:
My son was left in a car by his grandmother on 1/2/2018 in a convenience store parking lot in Cincinnati, Ohio. The car was stolen with him in it. That person left him stranded by himself at a busy intersection. Thankfully he was found and safe and unharmed physically. The person who took him was charged and a deal was struck by the prosecutor's office without my knowledge or input. The Prosecutor's office's reasoning was that they didn't believe he "intentionally" kidnapped him, that he didn't harm him, and that the criminal in this case was a "good" kid who had never been in trouble (untrue) but is on heroin. Meanwhile my child has been traumatized, is still in counseling and still extremely fearful of being left alone in any circumstance. Is there grounds for a civil case
1 ANSWER
You might have a civil claim for damages on behalf of your son for negligent infliction of emotional distress. However, even if you win, it seems possible if not likely that the heroin addict thief would not have the financial wherewithall to satisfy the judgment. Also, your son would be questioned by the other side in a deposition, and possibly also at trial, which might be very stressful for him.
Answered on May 13th, 2019 at 2:19 PM