Rebecca Lawrence v. Pasquale Mandarino; Banker's Lending Group, et al.
Published: Aug. 19, 1995 | Result Date: Jul. 27, 1994 | Filing Date: Jan. 1, 1900 |Case number: 547358 – $446,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Experts
Plaintiff
Jason Engel
(technical)
T. Edward Malpass
(technical)
Defendant
Michael J. Einbund M.D.
(medical)
Christian Barney
(medical)
Facts
Plaintiff Rebecca Lawrence, a 41-year-old loan officer, was an independent contractor for Defendant Bankers Lending Group, a mortgage loan company owned by Defendant Pasquale Mandarino. She believed that she was owed $7,500 on a commission for a loan which she claimed she had funded. On January 7, 1988, she confronted Mandarino at Bankers Lending Group office. Defendant Mandarino refused to pay and ordered her off the premises. Plaintiff exited, and as she was getting into her vehicle, she was allegedly choked, twisted, and beaten from behind by Defendant Mandarino. Subsequently, on April 1, 1990, Plaintiff slipped and fell at a supermarket, allegedly exacerbating injuries sustained on January 7, 1988. She then took an interior design position with a department store, which required considerable lifting; this aggravated her neck and back pain and she filed a workers' compensation case for those injuries and for back pay. This case was bifurcated and tried on liability in June of 1993, with a Plaintiff's verdict. Before damages could be tried, Defendant filed for bankruptcy protection under Chapter 11. This case was removed from bankruptcy and the damages phase was tried.
Settlement Discussions
Plaintiff contends her demand was $180,000 and Defendant offered $100,000.
Specials in Evidence
$78,000 $45,000
Injuries
Neck and back bruising, soft tissue from the initial assault requiring chiropractic care (exacerbated by 2 intervening incidents) and resulting in unspecified cervical disc herniations requiring anterior cervical discectomy and fusion at C4-6 in March of 1994 and at L4-5 lumbar laminectomy in October of 1994.
Result
The jury found Defendant's conduct to be malicious, but awarded no punitive damages.
Deliberation
1 hour, 20 minutes
Poll
11-1 damages, 10-2 malicious or oppresive, 9-3 no punitive damages
Length
6 days
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