DaBaby has secured a small win in his battery trial against a man who sued him for assaulting him on his rental property.
The rapper has hired a new attorney and asked the judge to grant him time to get his legal representative to get brought up to speed.
“While I appreciate you are new to the case, everyone else is not. So if this is going to go to trial, it’s going to go soon,” Los Angeles County Superior Court Judge Cherol J. Nellon told Alec Rishwain, DaBaby’s new attorney. “This is a 2021 case. In the whole scheme of things, I just think this case needs to go to trial.”
DaBaby is accused of assaulting a man who rented his home to the rapper.
It had been agreed that DaBaby would have no more than 12 people on the property during his stay, but the rapper decided to film a music video on the property and invited more than 12 people to the home. DaBaby allegedly spat on the homeowner, chased him and punched him in the face.
Part of the rapper’s defense is that Gary Pager, the alleged victim, used the n-word during their dispute.
“Plaintiff admits that there is no factual dispute as to whether he yelled the ‘N-word’ to Kirk yet conveniently seeks to argue that such a racial slur is irrelevant to the claim of battery,” Kirk’s previous counsel Christina Nordsten wrote to the court. “A jury may find that the alleged battery was the consequence of a sudden heat resulting from plaintiff’s provocation, thus barring any potential award of punitive damages.”
Pagar’s attorney’s are trying to keep the video of incident from being played in court.
