Judgment Shows How Civil Claims Can Hold Violent Attackers Accountable
A locked supply closet at Case Western Reserve University's Triangle Tower Two should have been the safest part of Dorothea Hunter's overnight shift. Instead, it became the site of a violent personal injury that left her fighting for her life against a stranger three times her size.
A Cuyahoga County judge has now put a dollar figure on what that attack cost Hunter and her coworker, Kimberly Paratto, who was also attacked that night. On June 30, 2026, Judge David Matia entered a combined $10,109,824.29 default judgment against the man responsible, Aiden Kim.
Cleveland personal injury attorney Tom Merriman represented both women in this case. The judgment marks a significant measure of accountability in Cuyahoga County Court of Common Pleas and shows how civil claims can help injury victims seek justice after violent, intentional harm.
What Happened At Case Western Reserve University's Triangle Towers?
On December 16, 2022, Aiden Kim was a Case Western Reserve University student living at Triangle Tower Two, part of the CWRU-owned student housing complex. According to the Judgment Entry, that night, Kim and a group of friends voluntarily took an unknown amount of a hallucinogenic drug. Kim punched a friend in the face hard enough to fracture the man's nose, then began wandering through the building alone.
Dorothea Hunter worked for Capstone On-Campus Management, the company that cleans and maintains CWRU's student housing. She had just finished her shift and was putting her cart away in a supply closet when Kim pushed her inside, knocked her to the floor, and pinned her down. He punched her face, head, and body repeatedly and kicked her in the chest.
Hunter grabbed an aerosol cleaning can and sprayed Kim in the face three times before he finally ran out of the closet and out of the building. Kimberly Paratto, a coworker, held the exterior doors shut to keep Kim from getting back inside, then went outside with another coworker to watch him until police arrived. Kim charged at both of them and tackled Paratto to the ground. The incident was also reported by local news, including Fox 8 News.
What Claims Did Dorothea Hunter And Kimberly Paratto Bring?
Hunter and Paratto's complaint asserted four separate claims: assault and battery, intentional infliction of emotional distress, negligent and reckless conduct, and a civil action for a criminal act under Ohio Revised Code Section 2307.60.
That last claim matters because Ohio law allows a person injured by a criminal act to pursue civil damages. A civil case is separate from the criminal justice system. It is focused on compensating the injured person and holding the responsible party financially accountable for the harm caused.
The court found Kim's conduct toward Hunter met the definition of felonious assault under Ohio Revised Code Section 2903.11, the statute Ohio uses for causing serious physical harm to another person. Judge Matia also found that Kim's actions were willful, wanton, and reckless toward both women, which opened the door to punitive damages on top of compensatory damages.
How Much Did The Court Award Each Woman?
The court divided each woman's award into economic damages, non-economic damages, and punitive damages. Economic damages cover direct financial losses such as medical bills or lost wages. Non-economic damages cover harm such as pain, suffering, emotional distress, and loss of quality of life. Punitive damages are meant to punish especially harmful conduct and deter similar behavior.
Together, the two judgments total $10,109,824.29:
- Dorothea Hunter's Award: $207,465.04 in economic damages, $2,000,000 in non-economic damages, and $4,414,930.08 in punitive damages, for a total of $6,622,395.12.
- Kimberly Paratto's Award: $162,476.39 in economic damages, $1,000,000 in non-economic damages, and $2,324,952.78 in punitive damages, for a total of $3,487,429.17.
Those totals come on top of court costs and attorney fees still to be determined, meaning the final judgment amount may grow beyond these figures.
Why Did The Judgment Include Punitive Damages?
Punitive damages are different from compensation for medical bills, lost income, and pain and suffering. They are intended to punish conduct that crosses a serious line and to discourage similar conduct in the future.
Under Ohio Revised Code Section 2315.21, punitive damages in tort cases generally require proof that the defendant's conduct involved malice, aggravated or egregious fraud, or other conduct that meets the statutory standard. In this case, Judge Matia found that Kim's conduct was willful, wanton, and reckless toward both women.
That finding mattered. The attack was not a routine accident or careless mistake. It involved violent conduct that caused serious physical injuries and lasting harm. The punitive awards reflect the court's conclusion that compensation alone was not enough.
Why Didn't Ohio's Damage Caps Apply?
Ohio law normally limits how much an injured person can recover for pain and suffering and other non-economic losses under Ohio Revised Code Section 2315.18. For many injury cases, that cap is $250,000 or three times economic damages, whichever is greater, up to $350,000 per plaintiff.
But Ohio law also recognizes exceptions for the most severe injuries. The cap does not apply when a plaintiff's non-economic losses involve permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent physical functional injury that prevents independent self-care and life-sustaining activities.
Hunter's facial reconstruction surgery and damage to her eye socket met that standard. Paratto's permanent surgical scarring qualified as well. That is why the court did not reduce their non-economic damages under the ordinary cap.
Can Someone File A Civil Assault Claim Without A Criminal Conviction?
Yes. A civil assault and battery case does not depend on a criminal conviction. Civil and criminal cases run on separate tracks, with different standards, different goals, and different decision-makers.
A criminal case is brought by prosecutors and requires proof beyond a reasonable doubt. A civil case is brought by the injured person and generally requires proof by a preponderance of the evidence, meaning it is more likely than not that the events happened as described.
That distinction gave Hunter and Paratto a path to hold Kim financially accountable. The civil justice system exists for situations where the person responsible for violent or reckless harm needs to answer for the damage they caused.
What Evidence Helps Prove A Civil Assault And Battery Claim?
Cases like this often depend on documentation gathered soon after the incident, especially when the person responsible refuses to cooperate. Evidence can show what happened, who was present, how the injuries occurred, and what losses followed.
Common sources of evidence include:
- Medical Records: Hospital records, surgical records, imaging, treatment notes, and follow-up care connect the attack directly to the injuries.
- Witness Statements: Coworkers, bystanders, residents, campus security, or responding officers may be able to confirm what the victim experienced.
- Police and Incident Reports: Campus police, local law enforcement, or workplace incident reports can create an official timeline of what happened.
- Photographs: Photos of injuries, the scene, damaged property, and physical evidence can help establish the severity of the attack.
- Surveillance Footage: Video from campus housing, entrances, elevators, hallways, or nearby areas may help prove where the attacker went and what happened before or after the assault.
- Employment and Wage Records: If the attack caused missed work or reduced earning ability, employment records can help prove financial loss.
Gathering this evidence quickly, before memories fade or records disappear, can make a major difference. In violent injury cases that happen at work or on someone else's property, the investigation may also involve workplace injury issues, premises liability questions, or possible negligent security claims, depending on the facts.
How Can A Cleveland Personal Injury Attorney Help?
Being attacked by someone you never expected to hurt you, whether at work, in student housing, in a parking lot, or anywhere else, can leave you facing medical bills, lost income, trauma, and a legal system that feels impossible to manage alone.
Our attorneys built this case by documenting Hunter and Paratto's injuries, pursuing every available legal claim, and holding Kim accountable even after he ignored the lawsuit for nearly a year.
If someone else's violent or reckless conduct caused you serious injury in Cleveland or anywhere in Ohio, you do not have to face the legal process alone.
Contact us today for a free consultation with a Cleveland personal injury lawyer you can count on in a crisis. We understand how Ohio's personal injury laws apply to violent and intentional harm, and we're ready to fight for the compensation you deserve.
"My daughter went thru a very traumatic injury....Tom and his team not only fought for her, they were such a HUGE support system for her as she went throughout her whole ordeal. Best I can sum up, this is who you need on your side! They were always so good to us at the office too." - Jeffrey, ⭐⭐⭐⭐⭐
