DaBaby Wins Motion To Delay Battery Case In Which Victim Admitted To N-Word Usage

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BET Hip-Hop Awards 2023 - Backstage
ATLANTA, GEORGIA - OCTOBER 03: DaBaby attends the BET Hip-Hop Awards 2023 on October 03, 2023 in Atlanta, Georgia. (Photo by Marcus Ingram/Getty Images)
DaBaby earned a minor win with this motion.

DaBaby has successfully gotten the trial for the battery lawsuit he's facing delayed. Los Angeles County Superior Court Judge Cherol J. Nellon made the ruling, this week, telling the rapper's new attorney, Alec Rishwain, that he will only have a brief period of time to catch up on the case. Gary Pagar, who accused Baby of beating him up and robbing him during a music video shoot in Los Angeles, filed the lawsuit back in 2021.

“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,” Nellon told Rishwain. “This is a 2021 case. In the whole scheme of things, I just think this case needs to go to trial.” The latest update comes after DaBaby previously pleaded guilty to attacking Pagar in the related criminal case. In doing so, he was able to avoid jail time.

DaBaby Performs At The BET Hip Hop Awards

ATLANTA, GEORGIA - OCTOBER 03: In this image released on October 10, 2023, DaBaby performs onstage during the BET Hip Hop Awards at Cobb Energy Performing Arts Center on October 3, 2023, in Atlanta, Georgia. (Photo by Aaron J. Thornton/FilmMagic)

DaBaby hopes that he'll be able to submit a video of Pagar saying the n-word during the confrontation as evidence for the trial, although the plaintiff's team has attempted to block the move. “After defendant Jonathan Kirk punched Plaintiff Gary Pagar in the face without warning, knocking out his tooth and leaving him lying on the ground bleeding profusely; and after Mr. Kirk’s associates had pushed, taunted, threatened, and spat on Mr. Pagar, stolen his phone, and vandalized his house — after these events, Mr. Pagar uttered the ‘N-word,'" they admitted, arguing it was irrelevant to the assault in question.

DaBaby’s lawyers countered: “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. 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.” Be on the lookout for further updates on DaBaby on HotNewHipHop.

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About The Author
Cole Blake is currently an Editor at HotNewHipHop based out of Brooklyn, New York. He began working at the site as an intern back in 2018 while studying journalism at St. John’s University. In the time since, he’s graduated with a bachelor's degree and written extensively about a wide range of topics including pop culture, film & television, politics, video games, sports, and much more. He’s also covered music festivals such as Gov. Ball and Rolling Loud. You can find him publishing work for HNHH from Monday to Wednesday or on weekends. On the sports front, Cole’s a passionate NBA and NFL fan with his favorite teams being the Indianapolis Colts and Los Angeles Lakers. He also roots for the Yankees whenever he finds himself at Yankee Stadium or the Red Storm when in the company of other SJU alumni. His favorite hip-hop artists are billy woods, Earl Sweatshirt, Cam’ron, MIKE, and Mach-Hommy.
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