Teaching criminals an expensive lesson in the `American' way
By Anat Roeh
For the first time, court awards punitive damages in assault case
In a precedent-setting ruling last week, an Israeli court applied the "American" principle of "punitive damages," ordering two men convicted of aggravated assault to compensate their victim not only for the direct damage caused him in lost earnings, medical expenses and "pain and suffering" (a total of NIS 700,000), but also hefty punitive damages of NIS 300,000. This is meant to serve as a deterrent and teach the criminals a lesson.
The ruling was handed down by the Ramle Magistrates Court by court vice president Samuel Barouch, who is also an acting judge and registrar at the Tel Aviv District Court. The ruling was preceded by several statements by Supreme Court justices who recognized the authority of the courts to impose punitive damages, but were "waiting for a suitable case."
In his ruling, Barouch notes that the "suitable case" has arrived.
"When the injuries in question are extremely grave as a result of the knifing (sub)culture," wrote Barouch, "I feel that this is certainly a case deserving of punitive damages.
"The awarding of punitive damages is indeed reserved for unusual and extraordinary cases, and I firmly believe that this is an unusual and extraordinary case," continues Barouch. "It is not every day that two people conspire to grievously harm another, pouncing on him with knives, practically slaughtering him and causing him such extensive wounds."
The case in question is a suit for damages filed by Avraham Madani, through his lawyer, attorney Moti Arad, against a father and son - Yaakov (Jackie) and Ravid Mesika - who attacked him. The assault followed a lengthy dispute between the three and an incident that occurred earlier on the day of the attack. The father and son hid and waited for Madani, and when he got out of his car they pounced on him, stabbing and slashing him with knives. Madani was taken to hospital in critical condition.
Madani's injuries left him severely handicapped.
"As I have noted, the incident was closer to a butchering than an assault," wrote Barouch in the ruling. "Pictures of Madani's wounds after he was treated at the hospital were presented [to the court] and I must say that they were shocking gashes that could only have resulted from a brutal attack that was not in self-defense. Madani's throat was completely slit and required many centimeters of stitching, as did his chest in a number of places. There is no chance in the world that such wounds were the result of an act of self-defense, as claimed [by the defendants]."
The assault left Madani with a 40-percent disability due to damage to his lungs. Barouch ruled that it is clear that Madani's functional disability is not the same as his medical disabilities. Barouch ordered the Mesikas to pay Madani NIS 400,000 for lost earnings; NIS 15,000 compensation for past and future traveling expenses; NIS 250,000 for pain and suffering, NIS 20,000 legal fees; and NIS 300,000 punitive damages.
"This ruling blazes a trail," says Arad, "with the damaging party being ordered to pay punitive damages to the injured party, similar to the American system."
Arad notes that the ruling is also remarkable and is a first of its kind in that it sets a high standard for punitive damages.
Attorney Moshe Kaplansky, one of the leading attorneys in personal damages cases, said that in the wake of this ruling, "punitive damages will have greater significance, beyond the financial aspect, since they are an expression of the way society relates to acts that cause grievous bodily harm."
