Winnipeg Jets’ left winger Evander Kane is named as the defendant in a British Columbia Supreme Court lawsuit alleging assault and battery, after police declined to recommend charges.
Lev Makievsky claimed in a March 28-filed lawsuit that Kane beat him at the corner of Burrard and Barclay streets in Vancouver on Aug. 10, 2013. The filing claims the assault was unprovoked and premeditated, but it does not indicate whether the two may have previously known each other.
Makievsky claims he was “returning home from work when the defendant physically assaulted him.” He claims to have suffered a concussion and injuries to the head, neck, shoulders, back, chest, ribs and left leg and heel, contusions, nausea, dizziness, headaches, fatigue and insomnia.
“The nature of the plaintiff’s physical and emotional injuries is manifestly obvious to the plaintiff and those around him and witnessed on a daily basis by members of the public who may observe or interact with the plaintiff,” said the statement of claim.
“The plaintiff appreciates that as a result of his physical and emotional injuries, he is perceived and treated in a different manner by members of the public.”
Makievsky is seeking general, special and punitive damages and costs. None of the allegations has been proven in court. A Vancouver Police Department spokesman said the incident was “investigated throughly.”
“Given the circumstances there were no arrests made and there was insufficient evidence to support or recommend any criminal charges,” said Vancouver Police Const. Brian Montague.
“We are aware of the situation,” said Jets spokesman Scott Brown. “As you can imagine, the organization will not be commenting as this is a personal and private matter for Mr. Kane.”
Vancouver-born Kane, 22, is in his fifth National Hockey League season. He has 17 goals and 21 assists, plus 66 minutes in penalties, in his third season as a Jet.
On the day of the alleged assault, Kane Tweeted a congratulatory message to his younger sister Brea for completing the Lululemon SeaWheeze half-marathon in Vancouver.
The name of the plaintiff matches that of a LinkedIn listing for a guest services manager at Donnelly Hospitality Management.