@no1marauder saidThe burden is on the plaintiff to establish the elements of the tort. The burden to show self-defense once the elements are met is on the defense in a tort action, at least according to the sources I cited.
We were discussing a hypothetical counterclaim against Huber for assault On such a claim, the burden would be on the claimant. Moreover, to defeat a summary judgment motion, that party would have to present credible evidence that raised a genuine issue of fact.
This is Civil Pro 101.
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@sh76 saidYour post is nonresponsive to mine. I said any assault counterclaim would not survive summary judgment. Please indicate what evidence creates a genuine issue of fact regarding the uncontroverted fact that Huber only swung his skateboard at Rittenhouse after he was told the latter was fleeing from having shot someone. Unless there is such evidence, Huber would be entitled to judgment on the counterclaim as a matter of law.
The burden is on the plaintiff to establish the elements of the tort. The burden to show self-defense once the elements are met is on the defense in a tort action, at least according to the sources I cited.