Threw flowerpot at neighbour and hit own wife
A man threw a flowerpot at a neighbour during an argument but it hit his wife instead, injuring her in the face, a court heard yesterday. The court thus dismissed a claim for personal injury damages filed by the woman against her neighbour. Vincent and...
A man threw a flowerpot at a neighbour during an argument but it hit his wife instead, injuring her in the face, a court heard yesterday.
The court thus dismissed a claim for personal injury damages filed by the woman against her neighbour.
Vincent and Carmen Degabriele filed a suit for damages against their neighbours Leonard and Rose Montebello. The Degabrieles claimed that Mrs Degabriele had suffered a permanent injury after being attacked by Mr Montebello in front of her home in Żejtun.
However, Mr Justice Joseph Zammit McKeon concluded that Mrs Degabriele had been injured when she was hit by a flower pot thrown by her husband at Mr Montebello.
The incident happened on December 6, 2001, when Mr Montebello's son parked his van in front of the Degabriele residence. The Degabrieles complained, alleging that when the van's engine was running, exhaust fumes entered their home. They also claimed that the vehicle leaked oil.
Although Mr Degabriele had repeatedly told the Montebellos not to park the van in front of his home, the latter refused and the families argued about it.
According to the Degabrieles, Leonard Montebello attacked Mrs Degabriele and hit her in the face with a canvas bag containing hard objects. The woman required stitches to her face and now has a permanent scar. The police officer who arrived on the scene testified that Mr Degabriele threw two flower pots at Mr Montebello. The first landed in the road and the second, made of plastic, hit Mrs Degabriele in the face.
Referring to criminal proceedings instituted against Mr Montebello, the court noted that, although Mrs Degabriele had bled heavily from her face, the canvas bag that had allegedly been the weapon used by Mr Montebello had no blood stains on it.
The court found that the version given by the Degabrieles was not credible and so dismissed their action.