Earlier this month, Tennessee wide receiver Josh Smith was charged with domestic assault following an incident at an off-campus house with his roommate. Now, the roommate is seeking damages of $875,000. If that sum is not paid, then the alleged victim may bring a $3 million civil suit to the court.
According to Jimmy Hyams of WNML, Kennedy Foster suffered a broken nose, broken teeth and damage to his eyes and right ear in the incident earlier this month that led to the charges filed against Smith. Foster sent a settlement demand letter to the attorney representing Smith.
“I’m not accusing him (Foster) of extortion, but that’s what it looks like,’’ Smith’s attorney, Keith Stewart said according to Hyams. “Given my understanding that Mr. Foster’s attempts to press charges against Malcolm Stokes were unsuccessful, it seems his motives are clear.’’
“I think when the truth comes out, Josh will be exonerated,” Stewart said of his client.
The deadline for paying the settlement demand is set for May 30 (tomorrow) by 5:00 p.m. and is to be delivered in the form of a cashier’s check along with a letter of apology for the incident. If the Smith family does not pay the requested sum, the legal team for Foster will move forward with a $1.5 million lawsuit seeking compensatory damages and a $1.5 million lawsuit for punitive damages. How either will hold up in court remains to be seen.