No answer from defendant in minor assault case, judge grants default judgment

By David Yates | Jun 9, 2010

Tom Oxford

Four months after filing suit, John Nobile was granted a default summary judgment award against defendant Kevin Gilhooly Sr., who allegedly assaulted Nobile's minor daughter and then failed to answer the allegation.

On behalf of his daughter, Nobile sued Gilhooly on Feb. 10, filing a petition in Jefferson County District Court in which he alleged Gilhooly assaulted his child on April 11, 2008.

Since that time, Gilhooly has failed to file an answer or hire an attorney. The statue of limitations in Texas for filing an answer is 30 days.

On June 9 Judge Milton Shuffield, 136th District Court, verbally granted Nobile's request for default judgment, citing that the defendant has failed to appear and answer.

No written order was signed.

Plaintiff's attorney Tom Oxford said he would submit to the judge an order with a dollar amount for him to review and sign.

In his suit, Nobile accuses Gilhooly of assault and battery, intentional infliction of emotional distress and offensive physical contact.

The suit does not offer specifics on what allegedly transpired between Gilhooly and his daughter.

On top of an award of exemplary damages, Nobile is also seeking damages for his daughter's mental anguish and medical expenses.

Oxford is an attorney for the Waldman Smallwood law firm.

Case No. D185-894

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