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Kory may sue Smith, Kintz, Tigrett for personal injury

With the two-year state deadline for filing a civil claim looming, Alexander "Sandy" Kory, the Nov. 21, 1997 victim of assault by then-second-year Richard Smith, said he is planning to sue Smith and three others involved in the incident for personal injury.

"I think that I'm going to file," Kory said. "The lawyers are preparing the work, but I don't think anything's been filed yet."

Kory was attacked above the Ruffner Footbridge two years ago as he walked home from Rugby Road to the McCormick Road residence area.

Smith, Harrison Kerr Tigrett, Bradley Kintz and Class of 1998 graduate Wesley McCluney, followed Kory by car to Newcomb Hall Road where Smith assaulted Kory as the others watched.

Kory suffered a broken jaw and required two root canals as a result of the attack, injuries which cost about $3,000.

Smith pleaded guilty in May 1998 in Albemarle County General District Court criminal proceedings to the assault and battery of Kory.

Tigrett, Kintz and McCluney, Smith's fellow Delta Kappa Epsilon fraternity brothers, pleaded no contest to assisting in the assault.

Since the criminal proceedings, Kory said he has secured the services of Bruce D. Rasmussen, a Charlottesville personal injury lawyer who specializes in civil claims.

Charlottesville attorney Lloyd Snook, who represented Kory during the criminal proceedings against his 1997 aggressors, said he expected the lawsuit to be filed within a week.

"I've talked with everybody and they're getting prepared to go ahead," Snook said. "I assume [the suit] will be filed in a matter of days."

In accordance with Virginia law, the civil charges must be filed by Monday, Nov. 22, two years after the original incident, to be considered for court settlement, he said.

Though Snook is not a civil attorney, Kory said his services would be retained because of his familiarity with the assault case.

He said he did not yet know how much in damages he was pursuing.

"I don't know what the numbers are -we're going to do what the lawyers say," he added.

However, Kory said the suit probably would request compensation comparable to the $1.25 million and $1.5 million demands the University is facing from Smith and Tigrett respectively.

"That seems to be kind of a unit of measurement," he said.

He added that the suit would name all four of the earlier convicted assailants.

He said he is planning to donate any profits he might win from the lawsuit to charitable causes.

Kory, who is now taking a semester off from study, said he does not know whether or not he will come back to the University to complete his degree.

He added that he plans to study abroad next semester.

Rasmussen was travelling and could not be reached for comment.

Smith said he was unaware of the suit and declined to comment further.

Francis McQ Lawrence, Smith's attorney, said he had no information on the suit and could not comment. Tigrett, Kintz and McCluney could not be reached for comment.

(Cavalier Daily Associate Editor Edward Hock contributed to this article.)

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