LILY JENSEN VS VITALY ZDOROVETSKIY ET AL

On April 15, 2020, Lily Jensen (“Plaintiff”), represented by Daniel D. Dolan, II, of Dolan Dobrinsky Rosenblum Bluestein LLP, filed a personal injury lawsuit against Vitaly Zdorovetskiy (“Defendant”), seeking damages for alleged battery and assault. This case was filed in the Dade County Court of Florida.

In the complaint, the plaintiff alleged that “Defendant is a self-proclaimed ‘YouTuber’ who has gained a modicum of internet notoriety by posting photos and videos of himself with nude woman, using drugs, driving expensive cars and crudely behaving like an above the law, two-bit ‘baller.’”

The plaintiff then alleged, “On or about the early evening of April 12, 2020, the Plaintiff was jogging on the 1700 block of Daytonia Road in Miami Beach, Florida when the Defendant, without provocation of any kind, jumped out from behind bushes and punched her from behind, tackled her to the ground and while straddling her, savagely punched and beat her mercilessly with a closed fist about the head, face and body until her screams for help were heard by neighbors who forced the Defendant to cowardly flee.”

Plaintiff alleged, “Defendant struck Plaintiff’s person with the intent to cause a harmful and offensive contact to Plaintiff’s person.”

The plaintiff further alleged that “Defendant intentionally and unlawfully threatened to cause Plaintiff physical harm by appearing to be in a rage, by making threatening gestures toward Plaintiff and by attempting to strike Plaintiff, and ultimately striking Plaintiff, with his fists.”

Additionally, the plaintiff alleged, “Such willful conduct by Defendant showed malice, wantonness, moral turpitude, reckless indifference to the rights of others and that entire want of care which would raise the presumption of conscious indifference to the consequences of Defendant’s actions.”

Plaintiff also alleged, “At the time that Defendant caused Plaintiff to feel frightened, Defendant, as evidenced by the subsequent striking of Plaintiff’s person, had the apparent ability to effectuate his threats to cause Plaintiff bodily harm.”

The plaintiff further alleged, “As a direct and proximate result of the wanton and willful misconduct of Defendant, Defendant struck Plaintiff’s person with the intent to cause a harmful and offensive contact to Plaintiff’s person.”

Plaintiff then alleged that “Defendant knew or should have known that his actions of threatening to strike Plaintiff’s person with his fists and his actual striking of Plaintiff’s person with his fists would cause Plaintiff to suffer emotional distress.”

The plaintiff alleged, “As a direct and proximate result of Defendant’s extreme and outrageous conduct, Plaintiff, Lily Jensen, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life.”

Plaintiff presented three claims for relief, including for alleged battery, assault, and intentional infliction of emotional distress.

In the prayer for relief, the plaintiff requested an award for damages in an amount in excess of thirty thousand dollars ($30,000.00) and punitive damages as well as costs of litigation. 

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