Defendant Andrew Clement’s Counterclaim for Battery

Overview

Defendant and Counter-Plaintiff Andrew Clement filed a counterclaim for battery against the Estate of Abnerd Joseph, by and through Delbert J. Charles as Independent Administrator of the Estate.

The counterclaim alleges that on or about September 14, 2023, Abnerd Joseph physically punched Andrew Clement, creating harmful and offensive contact without consent. Clement alleges that shortly afterward he lost consciousness and fell to the ground.

Key Allegations

1. On or about September 14, 2023, in Cook County, Illinois, Abnerd Joseph was involved in a discussion with multiple witnesses.
2. The counterclaim alleges that Joseph physically punched Andrew Clement, constituting harmful and offensive contact without consent.
3. Clement alleges that shortly after being punched, he lost consciousness and fell to the ground.
4. Plaintiff Delbert J. Charles, as Independent Administrator of Joseph’s Estate, filed the original lawsuit on May 14, 2024, but did not initially name Andrew Clement as a defendant.
5. The counterclaim states that the Second Amended Complaint, filed September 27, 2024, also did not name Clement.
6. Clement alleges that he was first named in the Third Amended Complaint filed on September 12, 2025.
7. The counterclaim alleges that prior discovery included depositions of witnesses who testified that Joseph punched Clement and that Clement subsequently lost consciousness.
8. Clement alleges that as a direct and proximate result of Joseph’s battery, he suffered bodily harm, pain and suffering, and medical expenses.

Claim Asserted

Relief Requested

Andrew Clement asks the court to enter judgment in his favor and against Delbert J. Charles, as Independent Administrator of the Estate of Abnerd Joseph, on the counterclaim for battery.

Attached Materials

The filing includes attached exhibits, including prior complaint materials, docket materials, and related case documents.