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A couple has filed a tort lawsuit against Gene Simmons, KISS bassist and vocalist, for alleged assault.
The couple claims they were assaulted by KISS' fire-breathing frontman.
According to the Associated Press, Nathan Marlowe and his wife, Cynthia Manzo accused the 60-year-old Simmons of threatening and assaulting them and then swiping their video camera after they shot footage of the Kiss bassist at the Grove mall.
A police report was filed and the couple sought a restraining order against Simmons, but that petition was denied.
According to the complaint and restraining order application Matthew Nezhad asked Simmons what his views on monogamy were and Simmons responded by telling him to get his shot and leave. Simmons then allegedly lunged and attacked Marlowe, taking the video camera, then turned on Manzo when she tried to get the camera back, the filings state.
The couple is seeking more than $25,000 in damages for assault, battery and infliction of emotional distress. The lawsuit was filed as a verified complaint, meaning Marlowe and Manzo signed it under penalty of perjury.
Assault can be both a crime and a tort. Therefore, an assailant may face both criminal and civil liability through a tort lawsuit. A criminal assault conviction may result in a fine, imprisonment, or both. In a civil assault case, the victim may be entitled to monetary damages from the assailant, along with a protective order.
Words, without an act, cannot constitute an assault. However, the victim must have a reasonable apprehension of imminent injury or offensive contact.
According to the law, assault requires:
Simmons has not been arrested and no charges have been filed.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.