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Personal Injury
Assault and Battery
Intentional Infliction of Emotional Distress

Abdul Shakoor Khan v. Mohammad Usman Khan-Farooqi

Published: Mar. 14, 2009 | Result Date: Dec. 9, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CV031395 Verdict –  $37,000

Court

San Joaquin Superior


Attorneys

Plaintiff

A. Peter Rausch Jr.
(Law Offices of A. Peter Rausch, Jr.)


Defendant

Michael F. Babitzke


Experts

Plaintiff

John Chellsen
(medical)

Mark Grecco
(medical)

Peter Soderstrom
(medical)

Facts

Abdul Khan sued his estranged brother, Mohammad Khan-Farooqi (Farooqi), for assault, battery, intentional and negligent infliction of emotional distress, as well as negligence, claiming that Farooqi hit him in the jaw.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant hit him during an argument in Pakistan following their mother's funeral.

DEFENDANT'S CONTENTIONS:
Defendant contended he was not present at the time of the alleged assault.

Settlement Discussions

The plaintiff demanded $50,000 and the defendant made no offer.

Damages

Khan claimed $85,000 in medical expenses plus $20,000 to $30,000 in future medical expenses.

Injuries

The plaintiff suffered a jaw fracture and numbness.

Result

The jury awarded the plaintiff $37,000 on the theory of negligence.

Deliberation

three days

Poll

9-3 (general negligence)

Length

six days


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