Lawyer Beaten Senseless, Sues Assailants

HOUSTON (CN) – Two men injured a young trial lawyer’s brain and derailed his career when he caught them urinating on his house and they beat him unconscious and then posted footage of themselves “taunting him with expletives,” the attorney claims in court.
     Walter Cubberly sued Walter P. “Trip” Zivley III and Daniel C. Feiler on Sept. 11 in Harris County Court.
     Cubberly, 33, says he was at his Houston home watching TV around midnight on Jan. 5.
     “His dog started barking at the window, which wasn’t something his dog typically did; so Mr. Cubberly walked outside to investigate,” the complaint states.
     “Upon walking outside, Mr. Cubberly saw defendants urinating on his house. Mr. Cubberly did not know either defendant. When Mr. Cubberly confronted defendants about urinating on his home in the middle of the night, they attacked him and beat him unconscious.”
     Cubberly says Zivley and Feiler then decided to have some sadistic fun with him.
     “They then dragged Mr. Cubberly into his home, put him in a chair, videotaped him on a smart phone, taunting him with expletives as Mr. Cubberly sat there bruised, bloodied and barely conscious. Defendants then posted this video on Snapchat and sent it to their friends,” according to the complaint.
     Cubberly says an unidentified person called 911 and his attackers ran out the back door when first responders arrived.
     The beatdown put Cubberly in an ICU unit for three days, he says.
     “He was diagnosed with a trauma-induced concussion with prolonged loss of consciousness. Doctors had to sew Mr. Cubberly’s left ear back on to his head because defendants had nearly ripped it off during the attack,” the complaint states.
     Since the assault, Cubberly says, he has been under the care of several brain doctors who told him “there is no way to predict if he will make a full recovery.”
     So Cubberly’s legal career is in on the ropes, he says.
     “Because of his diminished cognitive functions, Mr. Cubberly is no longer able to function as a trial lawyer at the level where he was functioning before the assault, which bodes poorly for his professional future,” the complaint states.
     Cubberly seeks punitive damages for assault, trespass and negligent failure to aid or protect, claiming that once Zivley and Feiler began attacking him “they assumed a duty to aid or protect him from serious bodily injury.”
     Zivley, 23, was charged with felony assault in 2009 for striking a teacher with a door, but the case was dismissed, Harris County court records show.
     A search of Harris County’s criminal records turned up nothing on Feiler.
     He was arrested in Louisiana and charged with DUI in March 2013, according to The Advocate, a Baton Rouge newspaper.

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