September 29, 2008

Verdicts & Settlements

By Kelly Wiese

A former St. Louis Rams player agreed to pay another man nearly $100,000 to settle a personal injury lawsuit stemming from a fight at a club. Dominique Byrd also has pleaded guilty to criminal charges stemming from the same fight.

Jason DeRouchie sued Byrd in December 2006, less than two weeks after the fight. DeRouchie claimed that Byrd — without provocation — struck him violently in the face with a cocktail glass, causing “permanent and disfiguring lacerations and injuries,” requiring surgery.

DeRouchie also claimed he suffered pain, anguish, depression and embarrassment. He said expenses include past and future medical treatments, loss of income and an effect on employability in the future. He made claims of negligence and battery.

DeRouchie’s attorney, Tom Neill, said his client has received partial payment of the settlement. An insurance company, Encompass Insurance Co., has another court case pending to determine its liability in the matter, he said. The Rams drafted Byrd in 2006. The tight end was released by the team in April this year.

Byrd responded to the suit in court, arguing he was acting in self-defense because DeRouchie was threatening him. He also filed a counterclaim alleging DeRouchie “harassed and assaulted” Byrd without provocation. Byrd also claimed that the plaintiff simply wanted to get media attention or extort money from him.

The two reached a settlement of the suit in August for $97,500, and the judge ruled in DeRouchie’s favor on the counterclaim. Attorneys for Byrd did not return calls seeking comment by press time. Byrd also faced criminal charges as a result of the fight at the Pepper Lounge in St. Louis.

A grand jury indictment charged that Byrd committed both felony and misdemeanor assault and felony armed criminal action, smashing the glass against DeRouchie and touching a woman without her consent.

In mid-September, the criminal case also was resolved. The prosecutors dropped the armed criminal action charge and reduced the felony assault count to a misdemeanor. Byrd then pleaded guilty to two misdemeanor assault charges, receiving a suspended sentence and two years of supervised probation. Circuit Judge Margaret Neill ordered him to undergo anger management as well as drug and alcohol evaluation and treatment.

His attorney in the criminal matter was Scott Rosenblum, principal at Rosenblum, Schwartz, Rogers & Glass. He has represented other Rams players facing legal troubles as well.

■ $97,500 settlement

Personal injury

■ Court: St. Louis City Circuit Court

■ Case Number/Date: 0622-CC07194/Aug. 22. 2008

■ Judge: David Dowd

■ Insurance Carrier: Encompass Insurance Co.

■ Caption: Jason DeRouchie v. Dominique Byrd

■ Plaintiff’s Attorney: Tom Neill, Gray, Ritter & Graham, St. Louis

■ Defendant’s Attorneys: Robert Blitz and Colleen Jones, Blitz, Bardgett & Deutsch, Clayton


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