Infant is to Blame for Deliberate Criminal Conduct, Assumption of Risk,
and Failure to Avoid Consequences
So said the response filed by lawyers representing the officers and the Habersham County Sheriff Department. Infant Bou-Bou Phonesavanh, who we wrote about last year, was the lead plaintiff in a lawsuit attempting to recover about a million dollars in medical bills caused by a flash bang grenade thrown into Bou Bou's crib. Below is the relevant part of the filing:
TENTH DEFENSE
To the extent as may be shown by the evidence through discovery, plaintiffs'injuries and damages, if any, were caused by the deliberate, criminal conduct of plaintiffs, and such criminal conduct supersedes any and all negligence or liability,if any, on the part of these defendants.
ELEVENTH DEFENSE
To the extent as may be shown by the evidence through discovery, these defendants also assert the affirmatives defenses of assumption of the risk, failure to avoid consequences, laches, failure to mitigate damages, last clear chance and sudden emergency