Susan Szarek v. Quest Intelligence Group, LLC, Manuel Peros, Michael Mullen, Rodney Smith, Safeway
Published: Sep. 9, 2003 | Result Date: Feb. 6, 2003 | Filing Date: Jan. 1, 1900 |Case number: 188866 Bench Decision – $17,742
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Douglas P. Broomell
(Broomell Law Firm)
Experts
Plaintiff
Chris Cunningham
(medical)
Defendant
Gary Meikle
(technical)
Facts
Plaintiff Sue Szarek, a 47-year-old teacher, was shopping for bread at her local Safeway store in San Francisco. She accidentally dropped a $10 bill. On retracing her steps to find the bill, she saw another woman holding it and a man, Roccara, loudly proclaiming the bill was his. The woman gave plaintiff the bill who went to go pay for her bread. Roccara followed her and began demanding that she give him the $10. Alarmed and fearful, the plaintiff dropped the bread and proceeded to leave the store. As she attempted to leave, security guards employed by defendant Quest Intelligence Group yelled at her to give Roccara back his money. One guard forcibly detained and handcuffed the plaintiff. The guards attempted to take the plaintiff to a back room but a "Good Samaritan," Stan Pugh intervened and told them they were not taking her anywhere. When the police arrived, they concluded the plaintiff had done nothing wrong and released her. Roccara was found to have unpaid items hidden on his person and was charged with shoplifting.
Settlement Discussions
Safeway settled with plaintiff for $4,750. The plaintiff made a C.C.P. Section 998 demand of $9,999. Defendant Quest's offer was $1,000.
Specials in Evidence
$2,605 $136
Injuries
The plaintiff had a severe reaction to being detained. She vomited and passed out. She went via ambulance to an emergency room where she was treated for stress. The plaintiff had a few subsequent medical visits and underwent four months of therapy. She had undergone prior trauma stemming from an assault that resulted in post-traumatic stress disorder (PTSD). A psychologist testified that the arrest re-triggered the PTSD which had been dormant for many years.
Result
The court returned a judgment of $17,742 gross, $17,008 net (settlement credit), against defendant Quest and one of its guards. They were found fully liable for negligence, battery and false imprisonment. The judge found plaintiff properly tried to avoid a confrontation by trying to leave the store. The two other guards were found not liable. After trial, the plaintiff argued and the court agreed, that defendant was only entitled to a $734 credit for the Safeway settlement.
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