Facts

On the night of Aug. 1, 2006, plaintiff William Saiki, 49, invited his then-girlfriend, defendant Judy Nojima, to go out for her birthday. For reasons that were in dispute, the defendant drove. They went to one restaurant and then another, where food and alcohol were consumed by both of them. As they were driving home at about 10:30 p.m., on the freeway at speeds of more than 70 mph, the car (the defendant's deceased son's Porsche) went out of control, struck another vehicle and then the center divider, allegedly causing the plaintiff to suffer physical and emotional injuries.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant intentionally caused the accident in an effort to commit suicide; that the defendant had been suicidal in the past and that she was suffering from depression over the fact that her young son had died of cancer. The plaintiff blamed the defendant's conduct on her mixing of alcohol and anti-depressants. The plaintiff denied any responsibility whatsoever for the accident, and he disputed the defendant's later contrary claim of bad conduct on his part because the defendant did not tell the investigating police anything but facts implicating herself.

On the basis that the defendant acted willfully and/or with conscious disregard of his rights by trying to kill the both of them, he sued the defendant for assault, battery and negligence and he pursued punitive damages.

The plaintiff claimed physical injuries consisting of strains and sprains and because of the dramatic nature of defendant's acts, which betrayed him and almost killed him, he also sustained post-traumatic stress disorder.

DEFENDANT'S CONTENTIONS:
The defendant contended that the accident was completely the fault of the plaintiff who, in fact, was intoxicated and who actually physically attacked her as she was driving the car. Her loss of control could not be avoided as she fended off his physical attack.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $49,999. The defendant made a C.C.P. Section 998 offer for $5,000.

Injuries

The plaintiff suffered cuts, bruises, strains, sprains, post-traumatic stress disorder that forced him to quit his job.

Result

Defense verdict based on findings of no assault, no battery and no negligence.

Other Information

The defendant has filed a cost bill of $22,853. Plaintiff has filed a motion for new trial. FILING DATE: April 19, 2007.

Deliberation

half hour

Poll

12-0

Length

four days