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Tag: MMA and UFC Accidents

Gervonta Davis Hit and Run Criminal and Potential Civil Liability

GERVONTA DAVIS now under house arrest for 90 days for a 2020 hit-and-run collision.

Baltimore, Maryland, May 5, 2023- Most of my readers know I am a martial arts fanatic and inactive Marine. Warrior culture is part and parcel of the Ehline Law Firm culture, so I try and include stories about boxing and MMA when they overlap with our accident law expertise. It appeared as though Davis’ case was almost decided at the end of last year. Back in November 2020, Davis pleaded guilty to four traffic offenses.

However, a Baltimore Circuit Court judge refused to sign off on a plea deal letting the boxer avoid jail time with just 60 days of house arrest, now up to 90 days, despite at least one passenger in the struck vehicle lambasting officials for allowing such a weak sentence. She thinks this is a failure of the criminal justice system.

Here, world-renowned professional boxer Gervonta Davis still finds himself in a precarious situation after being placed under house arrest for just 30 days longer at his May 5 sentencing. Lucky for him, the sentencing, which also involved allegations of harming a pregnant woman, was delayed long enough for him to slay Ryan Garcia with a knockout blow, securing Davis the win despite the guilty plea. Although he won’t have to stand trial criminally, civil claims are sure to follow.

This legal predicament jeopardizes his boxing career and exposes him to potential future criminal and civil liabilities that could have long-lasting consequences. The recent placement of boxing sensation Gervonta Davis under house arrest has cast a shadow over his career. Both criminal and civil liabilities pose significant threats to the athlete and his highly anticipated fight against Ryan Garcia.

Criminal Liability: Gervonta Davis Faces Legal Consequences as House Arrest Imposes Threats to Boxing Career

Following an incident in Maryland in 2020, while Davis was driving his SUV under a police escort, Gervonta Davis was put under house arrest as part of his bail conditions. In the initial legal proceedings, Gervonta Davis faced a total of 14 misdemeanor charges associated with the incident.

Prosecutors alleged that Davis was operating a vehicle with a suspended/revoked license, neglected to stop at a red light, and collided with a Toyota while driving a Lamborghini SUV. The collision resulted in injuries to four individuals inside the Toyota. Furthermore, Davis was also accused of failing to provide assistance following the accident, making this one of the more frequently punished traffic offenses.

Here are the Basic Facts

According to charging documents, video footage captured the moment when Gervonta Davis allegedly ran a red light and collided with a Toyota. Following the collision, the Lamborghini veered off course and crashed into a nearby fence. Surveillance footage from a convenience store in the vicinity revealed the driver, later identified as Davis, along with a female passenger, swiftly exiting the scene. They reportedly got into a black Chevy Camaro, which had arrived to pick them up.

Subsequently, the Camaro was seen arriving at a Four Seasons Hotel located in downtown Baltimore. Davis, who had a suspended driver’s license, fled to the hotel prior to the arrival of Baltimore police officers at the crash scene. The occupants of the Toyota sustained various injuries, including bruises and cuts.

Ultimately he waived his right to a speedy trial, and Davis pleaded guilty as part of a plea deal. These were very serious charges, and typically, this type of behavior is exhibited by DUI drivers or drivers operating a vehicle with a suspended license or with no insurance. For a court to approve such a sentence, leaving so many other charged violations to go unsentenced, means there must have been one hell of a sidebar with the judge, prosecution, and defense lawyers. The rights of the victims continue to be of concern to me as a lawyer, and I can’t help but feel Tank’s privilege of being a celebrity helped along striking such a favorable plea agreement.

Victims Are Not All Happy!

The alleged victim, Jyair Smith, the pregnant lady in the car he struck, spoke out against the plea deal in this fleeing the scene of an accident case with property damage and bodily injury.

“I begged Mr. Gervonta Davis, I looked him in his eyes,” said Smith.

“I said, ‘I have to get home to my daughter, I’m pregnant.’ He never once came over to help me.”

The 90-day house arrest is far from the maximum penalty of 50 months in prison if found guilty.

Hit and Run Accident Involving Bodily Injury a Weak Plea Deal?

Smith clearly thinks it was a bad deal for her and these victims of crime. In that case, he blew through a red light in his Lamborghini Urus, smashing into a car with four people inside, including a pregnant woman. There was also an issue involving at least one police contact and priors, which could lead to a future potential probation or sentence enhancement.

Prior Battery Causing Bodily Harm?

Apart from the charges already levied against him, Gervonta Davis encountered further legal trouble on December 27, 2022. He was apprehended and subsequently booked into the Main Jail Bureau of Broward County in Fort Lauderdale, FL, on a single count of Battery Causing Bodily Harm for allegedly hitting the mother of his 1-year-old daughter.

News reports from TMZ reported that he struck a woman on the right side of her head, allegedly using what was described by police as a “closed hand type slap.” The blow left her with “a small abrasion to the inside of her upper lip on the right side of her mouth.”

Because of this, there could have been a sentence enhancement based on priors. The exact details surrounding that incident remain undisclosed. However, it is reported that Davis could still have criminal charges, even though the alleged victim retracted her statements against him with the police.

The outcome of any counts brought in those legal proceedings and any potential probation violations could result in even more severe penalties, including fines, probation, and even imprisonment. We will provide updates as to counts involving his injured baby mama and other people injured as they file lawsuits, etc.

Future Vegas Ambitions?

Gervonta Davis, boasting an impressive record of 28 wins with 26 knockouts (28-0, 26 KOs), is currently in the final stages of negotiations for a highly anticipated super fight against Ryan Garcia. The proposed bout, set at a catchweight of 136 pounds, is tentatively scheduled to take place on April 15 in Las Vegas, NV, assuming the “Tank” doesn’t get arrested or convicted of something else in the meantime.

Such consequences have the potential to further tarnish Davis’ bad boy image and reputation and hinder his future endeavors within the boxing industry with charges stemming from domestic violence and criminal behavior.

Civil Liability Looms: Gervonta Davis’ Boxing Career Hangs in the Balance Amidst Legal Troubles and Potential Lawsuits

Although his criminal defense lawyer, Michael Tomko, has declined comment, Davis may also face civil liability for his involvement in the incident. Pregnant women are not able to take X-rays and suffer more harm in accidents, as injuries are often medically hard to identify.

Difficulties of Diagnosing Personal and Fetal Injuries in Pregnant Women?

Diagnosing car accident injuries in pregnant women can present unique challenges due to several factors. These factors can complicate the diagnostic process and make it more challenging for medical professionals to identify and treat injuries effectively.

Here are some reasons why it may be harder to diagnose car accident injuries in pregnant women:

  1. Masking of Symptoms: Pregnancy can cause various physiological changes in a woman’s body, such as increased blood volume and hormonal fluctuations. These changes can potentially mask or overlap with symptoms of car accident injuries, making it more difficult to differentiate between normal pregnancy-related discomfort and potential injuries sustained in the accident.
  2. Delayed Onset of Symptoms: In some cases, the symptoms of car accident injuries may not manifest immediately. Pregnant women may experience a delay in the onset of symptoms due to hormonal changes, adrenaline release, or the body’s natural response to protect the fetus. As a result, injuries may not become apparent until hours, days, or even weeks after the accident, making diagnosis more challenging.
  3. Focus on Fetal Well-being: In the immediate aftermath of a car accident involving a pregnant woman, medical professionals often prioritize assessing the well-being and health of the fetus. While this is crucial, it may lead to the initial focus being primarily on fetal monitoring, potentially diverting attention from identifying and diagnosing maternal injuries.
  4. Limited Imaging Options: Certain diagnostic imaging techniques, such as X-rays and computed tomography (CT) scans, involve ionizing radiation that can potentially harm the developing fetus. Due to the potential risks, healthcare providers may be more cautious in using these imaging modalities, leading to limited diagnostic options for identifying injuries in pregnant women.
  5. Complex Physiology: The anatomical and physiological changes that occur during pregnancy, such as an enlarged uterus and changes in organ placement, can make it more challenging to conduct physical examinations and interpret diagnostic tests accurately.
  6. Psychological Factors: Pregnant women who have experienced a car accident may experience increased stress, anxiety, or fear, which can influence their perception of pain or symptoms. These psychological factors may further complicate the diagnostic process, making distinguishing between physical injury-related symptoms and others.

Given these challenges, it is crucial for pregnant women involved in car accidents to seek immediate medical attention, even if they do not experience immediate or noticeable symptoms. Healthcare providers with experience in managing car accident injuries in pregnant women can conduct a comprehensive evaluation, considering both maternal and fetal well-being, and utilize appropriate diagnostic methods to identify and address any potential injuries effectively.

If any individuals were harmed or property was damaged as a result of the altercation, they could pursue civil lawsuits against the boxer. These lawsuits may seek financial compensation for the victims, potentially leading to substantial damages awarded against Davis. Such financial burdens could further complicate his boxing career, causing significant setbacks and hindering future opportunities.

What Civil Consequences Does Tank Face?

In a civil hit-and-run case in Maryland, Davis can face various potential damages depending on the circumstances of the incident and the resulting injuries or losses suffered by the victim. While I can provide general information, consulting with a legal professional specializing in Maryland law for specific advice tailored to your situation is important.

  1. Compensatory Damages: The victim of a hit-and-run accident may seek compensatory damages to provide financial compensation for the losses they incurred. These damages can include:
    • a. Medical Expenses: This covers the costs of medical treatment, hospitalization, medication, rehabilitation, and ongoing healthcare expenses resulting from the injuries sustained in the accident.
    • b. Property Damage: If the hit-and-run incident resulted in damage to the victim’s property, such as their vehicle, compensation may be sought to cover repair or replacement costs.
    • c. Lost Wages: If the pregnant victim suffered injuries that led to missed workdays or a decreased earning capacity, they might be entitled to compensation for the income they lost as a result.
    • d. Pain and Suffering: Damages can be awarded to compensate for the physical pain, emotional distress, and mental anguish experienced by the victim due to the hit-and-run accident.
  2. Punitive Damages: In certain cases, Maryland law allows for punitive damages to be awarded in civil hit-and-run cases. These damages aim to punish the defendant for their reckless behavior and deter others from engaging in similar actions. To be eligible for punitive damages, the defendant’s actions must be found to be willful, wanton, or malicious.
  3. Other Potential Damages: Depending on the specific circumstances, additional damages may be pursued, such as loss of consortium (for the impact on the victim’s personal relationships), wrongful death damages (in cases where the hit and run resulted in a fatality), or future medical expenses (if ongoing treatment or care is necessary).

It’s important to note that the amount of damages awarded will depend on the evidence presented, the severity of the injuries, the degree of negligence demonstrated by the defendant, and other factors the court considers. To fully understand the potential damages in a civil hit-and-run case in Maryland, it is advisable to consult with an experienced attorney who can provide personalized legal guidance based on the specific details of your case. We are not Maryland lawyers, so we can not offer legal advice. However, our firm can form “of counsel” relationships with lawyers we already work with in Baltimore Circuit Courts and others.

Boxing Career at Stake?

Gervonta Davis’ house arrest and impending legal battles significantly threaten his illustrious boxing career. The sport demands discipline, integrity, and adherence to strict codes of conduct. The Boxing Commission doesn’t play around, either. Any criminal charges or legal entanglements can have dire consequences for an athlete’s standing within the boxing community.

More About Davis

Davis, known for his exceptional skills and relentless drive, was scheduled to face off against Ryan Garcia in a highly anticipated fight. However, with his current legal situation, the future of this bout hangs in the balance. Promoters, sponsors, and the boxing governing bodies may have reservations about allowing Davis to participate, considering the potential risks and negative publicity associated with his ongoing legal issues.

Redemption and Rehabilitation

While facing these legal challenges, Gervonta Davis has the opportunity to take responsibility for his actions, seek redemption, and engage in rehabilitation efforts. By demonstrating a commitment to personal growth, addressing any underlying issues, and making amends to those affected, Davis can mitigate the harm to his career and reputation.


Gervonta Davis, the boxing sensation placed under house arrest, finds himself confronted by both criminal and civil liabilities that cast a shadow over his career. The outcome of his legal battles will significantly impact his future within the sport, potentially affecting his upcoming fight against Ryan Garcia. Davis now stands at a critical juncture where personal redemption and legal consequences converge, highlighting the importance of accountability and rehabilitation in preserving his boxing legacy. If you were in a hit-and-run in Texas or California fleeing the scene case, reach out to our hit-and-run lawyers to get a free consultation about obtaining compensation. Call (213) 596-9642 today!

UFC Fighter Tony Ferguson Arrested for DUI: Potential Criminal and Civil Liability Threaten Career

The recent arrest of UFC fighter Tony Ferguson for driving under the influence (DUI) and flipping his Chevy Silverado truck has placed his career in jeopardy, as both criminal and civil liabilities loom over the athlete. Hollywood Police records indicate the arrest occurred at 2 a.m. and that Ferguson was booked into the Hollywood Community Police Station hours afterward. He was reportedly being held on $30,000 bond at the time of the Los Angeles car accident, which TMZ first reported on Sunday evening.

Hollywood, CA, May 7, 2023- UFC lightweight contender Tony Ferguson found himself in hot water after being arrested for driving under the influence and hitting two parked cars outside a popular nightclub. Tony was arrested at the scene and is facing a misdemeanor DUI. He’s also looking at a license suspension as he refused to take a field sobriety test. Rapper Cash Gotti, who owns one of the vehicles posted an Instagram video showing his damaged Mercedes. The arrested Fergusson, complete with bloodshot eyes, was sent to the cooler by then.

Before the accident occurred, Tony Ferguson, a former champion in the Ultimate Fighting Championship (UFC) lightweight division, had not been performing well in his recent fights. He had lost his last five matches and had a record of 25 wins and eight losses. In his most recent fight, which took place on September 10, 2022, in Las Vegas, he was defeated by Nate Diaz through submission. It is worth noting that Diaz himself was recently arrested for being involved in a physical altercation and choking someone.

Despite Ferguson’s reputation for being a skilled fighter inside the UFC Octagon, he now faces serious legal consequences that could negatively impact his future in the UFC. In 2019, Ferguson’s wife, Cristina Servin, took legal action by filing for a restraining order against him. She later explained that it was an attempt to ensure he received the necessary mental health assistance. However, Servin withdrew the restraining order just a month after filing it.

According to law enforcement reports, Ferguson was pulled over by local police in Hollywood during the early hours of Sunday. The officers detected signs of intoxication, leading to calls for a field sobriety test (FST), which the fighter allegedly refused. Subsequently, Ferguson, who reeked of alcohol, was arrested on charges of driving under the influence, a serious offense, and failing to submit to a FST, which can carry significant penalties. The good news is that he is in a soft-on-crime state, so nothing much is likely to happen based on current trends in the Golden State.

If convicted, Ferguson may face fines, license suspension, mandatory alcohol education programs, and even potential jail time. These consequences could have long-lasting repercussions on his personal life and professional career, tarnishing his reputation within the UFC community.

Civil Liability Looms: Tony Ferguson’s UFC Career Hangs in the Balance Following DUI Incident

Apart from the criminal charges, Ferguson may also face civil liability for his actions. If anyone was injured or property was damaged as a result of the DUI incident, the affected parties could file civil lawsuits against the fighter. This could potentially result in substantial financial damages awarded to the plaintiffs, further complicating Ferguson’s future prospects.

The Property Damage Claims

Here, the diminished value of Cash Gotti’s car could be in the hundreds of thousands of dollars alone. Plus, there is a second vehicle, other destruction, and the use of critical city resources. Fergusson is legally liable for all of this, and there is no mention of how much insurance he was carrying. So, in addition to probably losing his UFC contract, Ferguson could end up broke.

UFC Career at Stake:

Ferguson’s arrest and subsequent legal battle jeopardized his personal life and now pose a significant threat to his flourishing UFC career and any endorsements for ads. The organization has strict conduct policies in place, emphasizing the importance of integrity and professionalism among its athletes. Any criminal charges, especially those related to substance abuse and endangerment, can lead to severe consequences for fighters.

Potential UFC Fallout

The UFC’s disciplinary actions may range from fines and suspensions to contract termination, depending on the severity of the offense and the athlete’s history. Considering Ferguson’s past accomplishments and popularity among fans, the UFC may face a difficult decision regarding his future involvement in the sport. But when a truck flips over, and people are harmed on public roads, the UFC may not be too hot on automatic forgiveness.

Redirect with Rehabilitation and Redemption?

While the legal ramifications may seem dire, Ferguson has the opportunity to take responsibility for his actions, seek rehabilitation, and demonstrate a commitment to change. Engaging in substance abuse programs, addressing personal issues, and making amends to those affected could potentially mitigate the negative impact on his UFC career.


Tony Ferguson’s recent DUI arrest has put his UFC career on the line, as he faces potential criminal charges and civil liability. The outcome of his legal proceedings will play a crucial role in determining his future within the organization. The uncooperative fighter now stands at a crossroads where personal redemption and professional consequences intersect, highlighting the importance of accountability and rehabilitation in the face of adversity. Although he has rights, checking his behavior and engaging in a rehabilitation process with a MADD and AA course sound like one of the best ways to redirect his career. What do you think?

Can Nate Diaz be Sued Over New Orleans Street Brawl

In a recent incident that has garnered significant attention, renowned mixed martial artist and former UFC star Nate Diaz found himself at the center of a street brawl in New Orleans. Diaz, now facing a felony charge, is among the most famous MMA fighters, with him and his brother considered true OGs in the fight game. Nate had two fights with Conor McGregor, winning one by submission in 2016 and losing one by decision the same year. The altercation occurred on April 24, 2023, in a crowded public space on Bourbon Street. The dude Diaz choked on the iPhone video is Logan Paul stunt double, Rodney Petersen.

The Misfits boxing event turned street fight took place while Diaz was attending the event to support his longtime teammate, Chris Avila, defeating Paul Bamba. In the outdoor footage, Diaz can be seen applying a chokehold to TikTok star Rodney Petersen, rendering him unconscious in the scuffle. The intensity of the altercation has sparked debates about the appropriate use of force and self-defense in such circumstances. A woman could be heard exclaiming the men should “stop” before Diaz caused great harm, at which point Diaz dropped Petersen to the pavement like a rag doll.


Some observers argue that Diaz’s actions were justified as a response to perceived threats or provocation, while others express concern about the level of aggression displayed. Additionally, Diaz was involved in another incident that same night when he had a brief scuffle with Chase DeMoor, a reality TV star. Eyewitnesses report that Diaz threw a water bottle at DeMoor during the event, further adding to the tension and excitement surrounding the viral clip that evening.

DeMoor went on Twitter, asserting: “next time don’t run” towards Diaz. “Nate Diaz decided to get mad and throw a prime bottle on me, that’s cute bro…” “Just next time don’t run. And stop spending a lot of your nights in the club trying to use your dried up MMA career to pull college girls.”

As news of these altercations spread, discussions have emerged regarding the boundaries of acceptable behavior in the context of sports events and public appearances to promote a boxing match, etc. Legal experts emphasize the importance of considering the specific set of circumstances and applicable laws when evaluating the actions of individuals involved in physical altercations and fights. Either way, the New Orleans police collected on their charged arrest warrant, and Diaz entered a plea of not guilty to the charge at his preliminary court hearing.

While the investigation into these incidents is ongoing, it serves as a reminder of the need for measured responses and the exploration of non-violent means to address conflicts. The consequences of such altercations caught on tape can extend beyond the immediate event, impacting the reputations and careers of those involved.

It remains to be seen how these incidents’ legal and public ramifications will unfold with each entourage. As the world spotlight shines on Nate Diaz and his actions during the Misfits Boxing 6 card, the incident serves as a catalyst for broader conversations about sportsmanship, self-control, and the responsibilities that come with public figures engaging in physical confrontations.

Either way, in a statement, Zach Rosenfield, Nate’s lawyer, says this clearly demonstrated that a “trained fighter named Rodney Petersen aggressively pursued Nate with the intention of engaging him, and once doing so, Nate acted entirely in self-defense.” Diaz left the UFC in 2022 upon the expiration of his contract, leaving him free to pursue a different Youtube arena.

In another viral video, Nate’s old UFC boss Dana White asks someone if the choked opponent was Logan Paul, Jake’s brother, stating: ‘He knocked him out! Whoever that is, he knocked him out. ‘That guy’s head bounced like a f***ing basketball.’ ‘He’s going to get sued like a motherf****r’.’

Unlikely ally, Conor McGregor even tweeted: “Hahaha Nate on a rampage tonight guys! Let’s go, Nate! Hahaha.”

Police claim Petersen was discovered “bleeding from the rear of his head,” and the Louisiana District Attorney has the power to pull Nate’s boxing card with jailtime.

“I don’t know what the hell I did to Nate Diaz,” Petersen said later on Youtube. “But I’m telling you what, I’m going to knock him the fuck out when I know he’s coming. You caught me off guard, dude. What did you think I was, Logan?” So clearly, Petersen is not that injured if he is already fired up for war.

The fact Diaz fought professionally doesn’t help when it comes to defending against the charges. If convicted, he could do up to eight years in prison. However, most experts don’t think that will happen once they watch the video that seems to be shot by a cell phone camera.

Staged to Remind People of Jake Paul Fight?

This has prompted many to say it was a put-on to remind people that Nate Diaz is expected to fight Jake Paul on August 5, 2023. This street fight with Peterson and the recent US Marine rear naked choke on a NY subway has raised questions about the use of force and self-defense in such situations. Eyewitnesses and video footage captured the intense moments as Diaz engaged in a physical confrontation that could place what’s left of his purportedly dried-up MMA career at risk of a second-degree battery conviction.

Self Defense?

Assuming the police think this was self-defense, Diaz could still face a civil lawsuit for assault, battery, or even false imprisonment. The facts show the incident unfolded in the heart of New Orleans, where Diaz was visiting for a public appearance. Reports indicate that a verbal exchange between Diaz and another individual quickly escalated into a physical confrontation. Witnesses claim that Diaz acted in self-defense, responding to what he perceived as an imminent threat to his safety.

Video footage of the incident has circulated widely on social media, showcasing the intense nature of the brawl. However, conflicting witness accounts have further complicated the understanding of the events. Some witnesses assert that Diaz acted aggressively, while others maintain that his actions were a necessary response to protect himself. Either way, if sued, Diaz will run up significant legal bills.

Law enforcement officials arrived at the scene shortly after the altercation had subsided. They initiated an investigation into the incident to determine the circumstances and establish legal accountability. The city police have reviewed available video evidence from the streets, interviewed witnesses, issued an arrest warrant, and are working to gather additional information to understand the incident comprehensively.

Legal experts highlight that the evaluation of Diaz’s actions will depend on several factors, including the applicable self-defense laws in New Orleans. These laws generally require individuals to use only reasonable force to protect themselves from harm. Diaz’s background as a professional fighter may also be a point of consideration in assessing his response. When I was growing up people always said a black belt is considered a scheduled deadly weapon. Throwing a water bottle earlier in the night tends to show he was acting in a dangerous manner.

As the investigation against the former UFC star continues forward, the incident has ignited debates surrounding the appropriate use of force, self-defense, and the public perception of professional fighters. It serves as a reminder of the complex legal and ethical considerations surrounding physical altercations and the need to thoroughly examine the facts before drawing conclusions about this guy, or anyone else that weekend.

Authorities have indicated that charges may be filed against those involved once the investigation concludes. In the meantime, the incident involving Nate Diaz in the New Orleans street brawl remains a topic of discussion, prompting reflections on the boundaries of self-defense and the consequences of physical altercations in public spaces. This fight will undoubtedly help push the Misfits Boxing fight Jake Paul has been touting into the PPV stratosphere.

Can Nate Diaz be Sued over New Orleans Street Brawl?

Yes. But this state follows a different civil legal system. New Orleans, being part of the state of Louisiana, is governed under a unique legal system known as civil law. Unlike the majority of states in the United States, which follow the common law tradition inherited from English law, Louisiana’s legal system is based on the civil law tradition derived from French and Spanish legal systems. This distinction is a result of Louisiana’s historical roots as a French and Spanish colony before it became part of the United States.

Under French civil law, legal principles are primarily derived from statutes and codes enacted by the legislature. These statutes provide the foundation for the legal framework, and courts interpret and apply the law based on these statutes. Additionally, legal decisions from higher courts also serve as binding precedents in subsequent cases. The civil law system places less emphasis on judicial decisions and the concept of binding precedent compared to the common law system.

Here, Peterson will sue Diaz under the civil law democracy system of law I am unfamiliar with. I am only licensed to practice law in Texas and California courts. The difference between a lawsuit for battery in California and Louisiana lies primarily in the legal principles and procedures that govern these cases within each state’s respective legal systems. While both states recognize the concept of battery as a civil tort, there may be variations in how certain elements are defined and how cases are litigated.

  1. Legal Elements: In California, battery is generally defined as the intentional and harmful or offensive touching of another person without their consent. The focus is on the act of physical contact and the absence of consent.

In Louisiana, the battery is referred to as “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this has a resemblance to a staged fight to make the Nate Diaz/Paul fight a larger purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

  1. Legal Standards: California applies an intentional tort law standard to establish liability for battery, requiring the plaintiff to prove that the defendant acted without consent and that the plaintiff suffered harm as a result.

On the other hand, Louisiana employs a “fault” system, emphasizing the intentionality or recklessness of the defendant’s actions. The plaintiff must demonstrate that the defendant’s conduct was intentional or that they acted with conscious disregard for the potential harm caused.

  1. Comparative Fault: California follows a comparative fault system, where damages awarded to the plaintiff may be reduced proportionately based on the plaintiff’s own negligence or contribution to the incident.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their own percentage of fault, regardless of how much they contributed to the incident.

  1. Civil Law Tradition: Louisiana’s legal system is based on civil law, as influenced by the Napoleonic Code and the French and Spanish legal traditions. It places a greater emphasis on codified laws and statutes. At the same time, California operates within the common law tradition, relying on judicial decisions and legal precedents to guide the interpretation and application of the law.

In Louisiana, the battery is referred to as an “intentional tort” or “offense against the person.” It encompasses various types of intentional harm, including physical violence or offensive touching. Louisiana law recognizes both general intentional torts and specific offenses against the person, such as simple battery, aggravated battery, and assault.

Since insurance won’t cover an intentional tort award, Diaz will likely have to pay out of pocket, and he is not making the kind of money he used to as a UFC hero. He could even face punitive damages depending on the rights of the very peeved Petersen. Some people think this has a resemblance to a staged fight to make the Nate Diaz/Paul fight a larger purse, but it remains unclear. Either way, it doesn’t seem like Petersen thinks that is true, setting this potential tort as a crime.

Comparative fault is also recognized in Louisiana, but the state follows a “pure comparative fault” rule. Under this rule, the plaintiff’s damages are reduced by their own percentage of fault, regardless of how much they contributed to the incident.

It is important to consult with an attorney specializing in the specific jurisdiction’s laws to understand the nuances and any recent developments that may impact a battery lawsuit in California or Louisiana. It is important to note that while Louisiana follows the civil law tradition, some aspects of common law influence can be found in certain areas, in things such as property law and contracts.

These areas may somewhat incorporate principles and concepts from common law jurisdictions. However, overall, the legal system in New Orleans and the state of Louisiana remains rooted in civil law principles. Fortunately, acting to use the legal system to resolve the matter means each man will stay alive and have his day in court. If you want to learn more about tort law, contact us at (833) LETS-SUE.

Conor McGregor Accused of Attack – Compensation for Intentional Torts

There have been many domestic violence incidents involving UFC fighters, but this latest one is shocking as it involves a UFC fighter and a guest. Let’s explore the details of the news with Ehline Law and our personal injury attorneys.

Conor McGregor Accused of Attacking Woman on Private Yacht on His 34th Birthday Party

Recent allegations of a victim made headlines as the alleged victim claimed physical assault perpetrated by the legendary UFC champion Conor McGregor when McGregor celebrated his 34th birthday.

McGregor’s Representative Defends All the Accusations Made by the Guest on His Boat

According to ESPN, the unidentified woman was a guest on McGregor’s boat in Spain in 2022 when allegedly Conor threatened to drown her after punching her. Soon after the allegations surfaced, McGregor’s representative, Karen Kessler, denied all the accusations made by the alleged victim and stated that he remained steadfast in his denial. She said that after a police review six months ago, law enforcement authorities did not pursue the matter of the unnamed woman.

Conor McGregor Attacked Her on His Boat after Constant Humiliation, Victim Claims

The original news came in a Spanish publication, “Ultima Hora.” When translated, it reveals that the woman claims she knew Conor from a neighborhood in Dublin.

According to the victim, Conor invited her to his 34th birthday weekend party in Ibiza on his private yacht on July 17, 2022, where McGregor’s girlfriend, Dee Devlin, was also the guest of honor.

When Devlin was asleep, McGregor, the alleged victim, and two others stayed on the yacht’s deck late at night. According to the complaint, McGregor insulted her and continued to criticize her appearance.

The Majorca Daily Bulletin reported that the alleged incident happened when the victim called her friend to help her with the aggravating situation. However, it turned worse instantly, and McGregor’s attitude immediately changed.

The woman stated that McGregor suddenly became more aggressive than he usually is, kicking the woman in the naval and then proceeding to punch her in the face.

Victim Jumps off Conor McGregor’s Yacht to save Herself

The complaint doesn’t stop there, stating that McGregor degraded the alleged victim and threatened to drown her, forcing the woman to jump into the waters to escape the altercation. Eventually, the Red Cross boat was able to rescue the unnamed woman.

According to the report, the woman immediately filed a complaint of the alleged attack with the law enforcement authorities when she returned to Ireland, naming the police officials to substantiate her claim. The woman reported to the Irish police that she feared losing her life, which prompted her to leave the boat.

Talking about jumping into the water, what’s fishy about the whole incident is that the woman initially did not blame McGregor for the alleged assault. However, in the news report, she claims she was in a bikini and wanted to end the night and avoid further problems with the UFC star.

Not the First Time McGregor Was Accused of Attacking or Sexually Assaulting a Woman

The incident wouldn’t be the first time McGregor got slapped with assault allegations. Since 2019, McGregor has faced three sexual assault complaints.

Previous Lawsuit in France Dismissed

The Irish professional mixed martial artist, who lost a fight to Dustin Poirier, faced a lawsuit in 2020 in France. Still, due to a lack of evidence, the officials in the city of Bastia on the French Island of Corsica dismissed the complaint. Conor McGregor, accused of the attack, claimed victory after the suit’s dismissal.

McGregor Remains a Subject of a Lawsuit Filed in 2021

In January 2021, the Irish sports star faced a multimillion-dollar lawsuit alleging the UFC star sent a flirtatious text to the victim in 2018, leading to a McGregor’s driver picking her up and taking her to his hotel room where she thought there was a party.

Upon arrival, the complaint alleges that McGregor forced himself upon the woman, asking her to carry out “lewd” acts and eventually raping her. After the incident, the woman’s mother took her to a hospital where the sexual assault treatment unit examined her and determined bruising and abrasions. A month later, she filed a complaint with the police about the alleged rape.

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Assault and battery fall under intentional torts, and under personal injury law, injured victims may pursue a personal injury claim to recover damages. If you’ve been a victim of sexual assault, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

UFC’s Matt Hughes Years after Violent Train Brain Injuries

This article represents an example of Axonal shearing and the types of cases we help celebrities win in court. One of the greatest UFC fighters and fan favorites, Matt Hughes, became the target of media attention when TMZ Sports and other tabloids started reporting on his violent behavior following his serious train wreck accident. His alleged hostile actions towards his twin brother and his now-estranged wife accusing him of abusive behavior made headlines throughout 2018 and 2019. The gloves are off with his detractors, with some calling him a sociopath and others accusing him of public urination, skipping college classes, etc.

Matt Hughes Train Crash Update

GOAT Brain Injury Updates

Learn about the GOAT, his legal troubles, and his chances of full recovery. As a member of Ehline Law, a leading personal injury law firm in Los Angeles, California, we must shed light on various legal matters. We want to discuss with you and other motorists how injuries can alter a person’s life. Our attorneys understand the physical, mental, and financial toll serious brain injuries can have on an injured victim’s quality of life.

In this article, we will explore the rise of Matt Hughes and how his life crashed following his brain injury caused by a devastating train accident that nearly killed him. We will discuss his behavior following his accident and how it may be a long-term effect of his brain injury.

The UFC Hall of Famer’s Ladder to Success

In 1999, Hughes made his promotional debut by participating in UFC 22, winning against Valeri Ignatov after three rounds by a unanimous decision. Matt Hughes was just getting started in his MMA fighting career. Matt returned to UFC 26; this time, he faced Marcelo Aguiar, a Brazilian mixed martial artist. Hughes threw some really heavy elbows at Aguiar during the match, cutting him open in the fight. The doctors had to stop the battle around four minutes and 34 seconds into the first round to prevent any severe damage to Aguiar. Hughes had defeated Aguiar, and a silent message was sent to all the wrestlers looking to pick up a fight with him.

On December 16, 2000, Hughes participated in UFC 34 and had a rematch against Dennis Hallman, the fighter who had given Hughes his first-ever professional defeat. Adamant about vengeance, Hughes brutally slammed Dennis to the floor. However, a severe miscalculation during the move caused Hughes to end up in a submission. The fight lasted 20 seconds, and Hughes submitted to the armbar technique locked in by Dennis. This was another defeat Hughes had faced by the same man, but that wouldn’t stop Matt from securing his first-ever welterweight championship the following year.

Hughes Reign as the Welterweight Champion

Here are some highlights of Hughes’s wrestling matches and his reign as the welterweight champion:

  • In 2001, at UFC 34, Hughes delivered the most excellent slam in the history of MMA to Carlos Newton, rendering him unconscious and winning the match.
  • Hughes had to defend his championship against Hayato Sakurai in 2002 at UFC 36 and won the fight.
  • In 2002, Hughes fought against Carlos Newton in a rematch at UFC 38, and he won after an onslaught of ground and pound punches.
  • In 2002, Hughes faced Gill Castillo, an American mixed martial artist, at UFC 40. He dominated the wrestler and cut him open, forcing the referee to stop the fight and declare Hughes the winner.
  • In 2003, at UFC 42, Hughes took on Sean Shrek and was the first man ever to defeat Shrek.
  • In December 2003, Hughes fought with a former UFC welterweight champion, Frank Trigg. Frank became a victim of a rear chokehold and tapped out, resulting in Hughes winning the fight and receiving the “Tapout of the Night Submission” award.
  • At UFC 46 in 2004, Hughes lost his title for the first time after B.J. Penn got Hughes in a rear chokehold during the fourth minute of the first round, forcing Hughes to submit and lose his title.
  • At UFC 50 in 2004, Hughes faced Georges St-Pierre and completely dominated him, winning his title again.
  • Hughes faced Frank Trigg in an anticipated rematch during UFC 52 in April 2005, where the audience saw the most remarkable comeback in UFC history after Trigg submitted to Hughes.
  • In 2006, Hughes defeated Royce Gracie, a UFC Hall of Famer, by landing a couple of blows and quickly locking Gracie’s arm in a submission hold.
  • At UFC 63, Hughes defeated B.J. Penn and won against the only man who had beaten him so far.
  • At UFC 65, Hughes fought Georges St-Pierre and lost. He continued wrestling, but he was never the same after this match.
  • Hughes defeated Chris Lytle at UFC 68 in 2007.
  • Hughes verbally submitted to Georges St-Pierre at UFC 69 in 2007.
  • Hughes lost to Thiago Alves at UFC 85 in 2008.
  • Hughes won against Serra at UFC 98 in 2009.
  • Hughes defeated Renzo Gracie at UFC 112 in 2010.
  • Hughes made it to the Hall of Fame in 2010 and, during the same year, defeated Ricardo Almeida.
  • Hughes lost to B.J. Penn within 21 minutes of the fight at UFC 123 in 2010, his second loss to the American mixed martial artist.
  • Hughes lost to Josh Koscheck’s power punches at UFC 135 in 2011.

Of the 54 MMA matches Hughes participated in, he won 45 matches with just nine losses throughout his professional wrestling career. Hughes announced that he would be taking a break after his last UFC fight with Josh Koscheck, but in 2013, UFC announced Matt Hughes’ retirement, bringing an end to the legendary reign of arguably one of the best welterweight MMA fighters.

Life After Retirement

After retirement, Matt Hughes wrote an autobiography. He became a host on many TV shows, including Trophy Hunters TV, Uncaged with Matt Hughes, and The Takedown with Matt Hughes. Life seemed to work out just fine after Hughes retired from UFC until 2017, when he was involved in a devastating train accident. The perfect life that he had built started to crumble away slowly.

The Downhill of UFC Legend Matt Hughes: The Train Accident That Changed Everything

On June 16, 2017, UFC Hall of Famer Matt Hughes got into a near-fatal train accident that resulted in a traumatic brain injury, causing his life to spiral downhill. On the morning of June 16, 2017, Matt Hughes was helping a farmer by taking diesel to his farm and filling up the farmer’s tractor. On his way back from Montgomery County, Matt Hughes tried to make it across the railroad track, but a train hit his pickup truck on the passenger side.

In his recent interviews, UFC legend Matt Hughes explained how the accident occurred. The GOAT UFC Hall of Famer stated that the bad angle of the track and the corn vegetation made it difficult to spot an oncoming train. He also said there were no railroad crossing signs or lights to warn drivers of an approaching train. Defense lawyers have been overly critical of his claims about the cause of the crash. But the plaintiff’s lawyers were on his team.

As emergency services arrived at the accident scene, his pickup truck was completely crushed from the passenger side. He had no apparent injuries or broken bones but was unconscious. Medics airlifted the UFC Hall of Famer to a hospital in Springfield, where doctors feared that he had a severe brain injury and had to put him in a medically induced coma for 19 days to protect his brain.

In an interview, Matt recalled that he had no recollection of the day of the accident. Whatever he knew about the accident came from the people with him during hospitalization. The force from the train accident was so severe that it tore away the axon from the brain.

Hughes was suffering from grade 3 diffuse axonal injury, one of the worst kinds of brain injuries, and no one was sure if he would ever wake up from the coma. From the MRI, it didn’t look like he was going to make it, with many doctors referring to his state as “locked-in syndrome” or “brain dead.”

Hughes woke up after 19 days in a coma, and the outlook for returning to everyday life looked grim. He had lost his motor skills and could not speak. The doctors started his physical therapy treatment and cognitive therapy to help Matt Hughes start all over. The UFC hall of Famer had to learn to walk and talk again.

After a year had passed following his brain injury accident, Hughes did not show any big improvements. He was taking small steps but wasn’t showing any significant improvement with his ongoing treatments. He recalled how his outlook on life had turned bleak and that he had lost faith. Hughes slowly spiraled into depression from his brain injury, which eventually took a toll on his family.

Suicidal Thoughts Following the Accident

Depression had taken over Hughes completely, and the former UFC fighter stated that he felt worthless at the time. He wanted to finish his life by committing suicide and ending all the pain. Although he may have lost his old life, he still had his fighting spirit, and he constantly fought the depression and went to the gym every day to better himself.

Allegations of Domestic Violence

His recovery from the train crash and depression was a miracle. Still, his life turned ugly soon after his wife, Audra Hughes, made serious allegations of domestic violence against the former UFC welterweight champion. This moment was extremely sad for Matt and all his fans out there.

The aftermath of his serious brain injury resulted in a lack of impulse control and violent outbursts, classic after-effects of a traumatic brain injury. Although the aftermath of the brain injury was unfortunate, what followed next was even sadder as the story started to make the rounds on national TV.

Audra Hughes approached the court in 2017 to get a restraining order stating that her husband’s violent outbursts seriously affected her and her children’s life. Audra said in court documents that Matt Hughes allegedly attacked and choked her multiple times. He had once hurt her in the shower and even threatened to shoot her dead.

During one incident, she claimed that Matt asked her for his pickup truck keys, which she had refused to give because of his brain injury. In response, Matt choked Audra and asked her to provide him with the code to the gun vault where he stored his guns. Upon refusing to give that, an angry Matt snapped and smashed her head in the shower against the shower wall.

In 2018, Audra took away Matt’s phone, alleging that he was communicating with multiple women, to which he told her, “I am going to f**king shoot you.” A few months later, following this incident, Audra alleges Matt hit her in front of her kids for accusing him of chatting up other women. When Audra claims that Audra refused to give Hughes his truck keys, he choked and smashed her head against the wall.

After reviewing the documents filed in court, the judge held some claims by Audra had merit and allowed restraining orders whereby the former MMA fighter must always stay 500 feet away from Audra and her two daughters.

Many sources allege that Audra filed for divorce from Matt because he liked to pick up arguments daily and was emotionally unstable. However, it has not yet been confirmed by any TMZ report, although he has not shared any pictures with Audra or the daughters on social media sites like Instagram in a long time.

Matt and His Dispute with His Twin Brother

In 2019, Matt had a dispute with his twin brother, Mark Hughes, where things turned more than a little sour. Mark filed a restraining order against Matt, stating that his brother had assaulted his 15-year-old son over a tractor issue. Mark said that his son was driving the family’s tractor, and when Matt saw that, he erupted in anger, rushed over there, and violently started shaking his nephew.

According to the documents filed in court, Mark came across the tractor completely soaked in gasoline and the ground around it a week later. He believed that Matt was trying to destroy the tractor. The court immediately granted a restraining order, ordering Matt to stay away from Mark and his family.

Did the Brain Injury Affect Matt Hughes’s Personality?

So far, no medical tests have been conducted to prove the personality change as witnessed by his incidents with his wife and twin brother, post-traumatic brain injury. However, that does not mean that the UFC legend Matt Hughes isn’t suffering from cognitive impairment or a personality change.

We introduced Matt’s UFC fights in this article to give an idea of what kind of a man he is. Matt was one of UFC’s beloved, and fans from around the world would go berzerk after Matt entered the ring with his entrance song “country boy can survive” blasting in the background.

When Matt entered the ring, he had one mission on his mind, and that was to win. His determination and dedication to being the best in the ring and among his fans made him a UFC favorite. However, unlike other UFC fighters after losing, he was far from a sore loser.

Although Matt had more wins than losses, he would treat his losses as a learning curve to improve. After every loss, he would congratulate his opponent on being a better fighter. His humble attitude in the UFC ring made him different from most fighters.

That said, Matt Serra went on an interview in early 2019 and ranted that Hughes was always nasty. Serra stated that the only side-effect of the accident was that it exposed Matt’s real personality, which he said was nasty. However, we should also not forget that Matt Hughes beat Matt Serra in a fight in 2003. But Hughes made an effort to strike a friendship that soon fell apart as Serra did not have a liking for Hughes’s “dry sense of humor.”

Personality Changes After a Brain Injury

It is common for personality changes to occur after a brain injury. Even a concussion can negatively affect the brain long after the brain heals. How an individual processes information after a post-brain injury also changes, affecting emotions.

After a brain injury, there are chances that a person will suffer from social anxiety, anger, mood swings, irritability, and other emotional changes. However, these symptoms only make the person seem different, but in reality, their personality remains intact but suppressed under all these emotional symptoms, making it challenging to handle.

Usually, mood changes do not last that long. Still, after an injury, there is a serious tendency that drags mood swings over a few days or even weeks, which is why many believe that the person is facing a personality change.

Why Is There a Perceived Personality Change after a Brain Injury?

Physiological changes and emotional changes following the changes in life post-injury are two primary sources from which personality changes originate.

The most basic concussions can alter the connection between neurons and blood vessels in the brain. Normal connection is often restored in most patients after a few weeks of concussion. However, in almost 30% of the cases, the altered link can produce undesirable long-term effects, leading to the brain inefficiently processing information.

Where the brain sustains an injury can affect an individual’s ability to evaluate emotional reactions, assess the situation around them, and respond accordingly. An injury damaging the connection between the cerebral cortex and the limbic system can cause disruptions in emotional responses that are not in sync with the current situation.

A brain injury can alter a person’s ability to process information and emotions, causing mood changes in many ways. However, these emotional disruptions do not last forever unless the person has irreversible brain damage.

What Are Some of the Post-Brain Injury Emotional Symptoms?

A brain injury can cause some parts of the brain to be hyperactive while others become hypoactive, causing the brain to work overtime to process information and register emotions. This makes it very easy for the person with the brain injury to feel overstimulated after coming into contact with noise, light, conversations, and even work.

Overstimulation can lead to many symptoms, such as anger and irritability, anxiety, depression, emotional irritability, impulsivity, and social struggles.

Anger and Irritability

The majority of the patients feel irritated quite quickly post-brain injuries which then results in anger. In 2019, Anthony Loubet, a deputy country lawyer in Utah, was a victim of a severe car accident when a semi-truck and a Dodge car caused a collision with his car, rendering Loubet unconscious.

After gaining consciousness, Loubet felt serious pain in his neck region, but the medical tests did not report any bleeding or internal damage. However, slowly, it became difficult for him to read, and he could not form his words properly during the conversation.

He went to the ER the second time, where the doctors diagnosed him with a concussion and asked him to rest at home for a couple of months. Loubet faced extreme mood changes during this period, especially when he exploded on his family members after failing to fix the broken ice maker.

It’s easy to overreact or react dramatically after a head injury, as the person is already dealing with a lot. To the brain, even minor incidences feel like major emergencies post-brain injury. Most people often have unresolved anger because they think they didn’t ask for the injury, thus contributing to confusion and frustration.


After a brain injury, a person may worry about the smallest things. If the person already had anxiety issues prior to the injury, it may get exacerbated after one. The person may experience sleepless nights, feeling on edge, and a rush of constant thoughts arising.


Depression is one of the most common symptoms following a brain injury, especially if one already has a history of depression. Recent studies point out a higher risk of suicidal thoughts, poor mental health, and self-harm after sustaining a brain injury. Evidence suggests that the suicide rate is twice as common among people with traumatic brain injuries than those without one.

Emotional Ability

It’s common to shed tears due to the grief from experiencing a traumatic brain injury—still, those sustaining a TBI cry over petty matters for no reason whatsoever. Emotional lability is when a person experiences crying or laughter without cause, especially during an inconvenient situation.

This state might be one of the ways a body copes with overstimulation, as the brain does not know how to react in any given situation.


Head injuries affect memory loss, brain control, and impulse control. Impulse control disorder causes a person to disregard societal norms by exhibiting adverse behavior or emotions. Impulsivity can occur for many reasons, and fortunately, it is treatable if the person knows the root issue.

Social Struggles

The majority of people, after a brain injury, struggle socially and then don’t find themselves interested in going out or conducting activities they used to enjoy before the injury. This may be because the individual cannot maintain conversations or are tired. It may also be because of the noise and lights, which cause overstimulation and frustration.

From reading the incidents with his twin brother and wife, Matt Hughes seems to be exhibiting frustration and depression. He even mentioned having suicidal thoughts after being inducted into the Hall of Fame. Perhaps he is experiencing the symptoms of a brain injury and is unintentionally hurting those around him.

Brain injuries can have serious, life-altering consequences. It’s not fair that the victim suffers while those responsible are off the hook. If you suffered a brain injury due to another’s negligence, contact us at +(833) LETS-SUE for a free consultation with our legal experts.


  • Matt Hughes Train Crash