36. After multiple blows to Sarah's face, Hannah intervened and tried
to pull Kristen away but was unable to do so due to Kristen's grip of Sarah's hair
and Kristen refused to stop hitting Sarah.
37. The screaming woke up Beth Terry, who immediately jumped in to
help pull Kristen off from behind (Beth's shirt was ripped and stained with
Sarah's blood).
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38. It took both Beth Terry and Hannah Muncher to pull Kristen off of
Sarah.
39. Once Kristen stopped hitting Sarah, Sarah saw a large amount on
blood on the wood floor.
40. Sarah looked down and noticed a great amount of blood was
running down her chest and into her bra.
41. Sarah felt her nose and realized that the blood was coming from it.
42. Kristen turned to go back to her room, picking Sarah's phone up
off the floor and throwing it into the wall, attempting to break it.
43. Sarah followed Kristen along with the other witnesses into her
bedroom to talk to her and found her lying on the floor to the left of her bed, with
her eyes closed and crying.
44. When Sarah caught a glimpse of her face in the mirror from her
bathroom, she saw that her temple had swollen to the size of a tennis ball, which
was extremely alarming to Sarah.
45. Sarah kneeled down on the floor next to Kristen and calmly said,
"Open your eyes and look at my face"
46. Kristen slightly sat up, opened her eyes, and Sarah said "I would
never do this to you."
47. Kristen responded, "You grabbed my throat!"
48. Sarah told Kristen that she did that in self-defense because Kristen
had thrown Sarah into the door frame and Sarah had to get Kristen off of her.
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49. Kristen's eyes appeared to roll back into her head as if she had just
realized the severity of the situation, and Kristen fell back and started crying
again.
50. Sarah then told Kristen that she (Sarah) needed to go to the
hospital.
51. After Courtney agreed that Sarah needed to get checked out,
Kristen began hysterically crying louder and screaming "I'm going to jail!" over
and over.
52. Sarah went to DCH, the trauma hospital in Tuscaloosa.
53. Sarah was taken to the hospital by Courtney Reigel, Beth Terry,
and McKinnon Moultrie.
54. Sarah reported that she had been assaulted by her friend who had
hit Sarah's face repeatedly with her fists.
55. Sarah also reported that she had been bleeding some from her nose.
56. The emergency physician observed Sarah had a hematoma to the
left side of her face and abrasions were seen on the bridge of Sarah's nose and left
elbow.
57. The physician diagnosed Sarah with an elbow contusion, a
concussion, cervical strain, and headache. Later, Sarah would be diagnosed with
a deviated septum.
58. The emergency physician informed Sarah that her injuries were
very serious and could have been life threatening.
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59. The concussion was so bad that it affected Sarah's ability to
concentrate and do her schoolwork.
60. University of Alabama police officers, Tuscaloosa police officers,
and the University of Alabama Dean of Students responded to an assault call at
the DCH emergency room.
61. The officers spoke with Sarah Grimes, Courtney Reigel and Beth
Terry; McKinnon had left the hospital before the police arrived.
62. The officers were told what had happened.
63. The officers observed bruises to Sarah's left eye and took
photographs of Sarah's injuries.
64. Sarah stated that she did not want to have Kristen criminally
prosecuted.
65. The beating was submitted to Judicial Affairs at the University and
Kristen pled guilty.
66. Kristen was ordered to take psychological testing, an anger
management class, and a no contact order was issued between Kristen and Sarah.
67. As a result of the beating and the head injuries Sarah Grimes
sustained by Kristen Saban, Sarah has had repeated night terrors, anxiety, physical
trembling, fears of dying from brain injuries, trouble sleeping, and intrusive
recollections of the event.
68. Sarah also had an increase in her migraine headaches since the
beating.
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69. Based on the psychological problems that Sarah incurred from the
beating, she began to see a psychologist for the severe emotional trauma that she
sustained from the beating.
70. On December 27, 2011, Sarah Grimes underwent nasal surgery
with osteotomies and reconstruction.
71. When the doctor performed the surgery, he could see the petition
in the middle of Sarah's nose was deformed, was shifted, and it was a direct result
of the beating that Sarah received from Kristen.
COUNT (ASSAULT AND BATTERY)
72. Plaintiff adopts and realleges paragraphs 1-71, above, as if set out
in full herein.
73. The Defendant Kristen Saban did negligently, recklessly,
maliciously, willfully and/or wantonly assault and batter the Plaintiff.
74. As a result of the beating, the Plaintiff felt physically threatened
and suffered physical injuries, mental anguish, emotional distress, humiliation,
permanent emotional and psychological injury, and other damages for which she
claims compensatory and punitive damages.
WHEREFORE, PREMISES CONSIDERED, Your Plaintiff demands
judgment against the Defendant Kristen Saban for compensatory and punitive
damages in an amount which the Jury finds reasonable and justifiable under the
circumstances, plus costs and interest, but avers that the Plaintiff's claim is for more
than $10,000.00.