Jane Doe v. Estate of Mehdi Miraftab
Published: May 13, 2006 | Result Date: Aug. 1, 2005 | Filing Date: Jan. 1, 1900 |Case number: 1155895 Settlement – $70,000
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Jane Doe, 49, was attacked by her former boyfriend, Mehdi Miraftab, upon entering her Lompoc apartment. Miraftab, who had been waiting in the plaintiff's apartment, punched and kicked her and used a Taser gun to shoot her in the groin. The plaintiff, who had been talking to her daughter on her cell phone prior to the attack, managed to reach safety in a room where she redialed her daughter who then summoned the police to her apartment. When the police arrived, Miraftab shot and killed himself. The plaintiff filed a complaint against Miraftab's estate, alleging assault, battery and negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
the plaintiff claimed she missed approximately one month of work. At mediation she stated that she had since returned to work and no longer suffered from physical or mental issues.
DEFENDANT'S CONTENTIONS:
The defense contended that the decedent's biological son, Matthew King, who had been given up for adoption, had rights to the decedent's estate.
Settlement Discussions
The plaintiff demanded $140,000 which was the entire amount of the decedent's estate. The defense offered $25,000.
Specials in Evidence
$3,303 for medical treatment, counseling and medication. The plaintiff, a gambling supervisor at a casino, sought $1,200.
Damages
The plaintiff claimed $3,500 in damages for costs associated with moving from her apartment. She also sought damages for emotional distress.
Injuries
The plaintiff's injuries consisted of bruises and scars on different parts of her body, including injuries to her groin from the Taser gun, and soft tissue injuries to her face, neck, back and side. The plaintiff also claimed she suffered emotional distress which prompted her to seek therapy.
Result
$70,000 resulting from a mediated settlement between the plaintiff and the decedent's biological son.
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