Brown v. Super Buy
Published: May 6, 2000 | Result Date: Feb. 12, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC198880 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert W. Armstrong II
(Demler, Armstrong & Rowland LLP)
Experts
Defendant
Donald E. Rierson
(technical)
Facts
Plaintiff Elaine Brown claimed that she was wrongfully detained at the Super Buy Market, handcuffed and forced
to wait in a cold storage room for two hours before the police arrived and she was released.
She also claimed that she advised the defendants that her three children were waiting in a car in the parking lot
and that no one checked on the children or brought them into the store.
The plaintiffs sued for assault, battery, intentional infliction of emotional distress and false imprisonment.
The defendants contended that Elaine Brown was lawfully detained after she verbally and physically assaulted
a store clerk that had refused to accept food stamps which did not have matching registration numbers.
The defendants also contended that the method and manner of the arrest was appropriate and that there was no
obligation to check on plaintiffÆs children.
The defendants claimed that plaintiff admitted that store employees inquired as to the location of her car and
told her that the children were being checked on, and argued that this was circumstantial evidence that
plaintiffÆs request was complied with, although the specific employee that did the checking was never
identified.
The defendants also disputed plaintiffÆs contention that she was forced to wait for two hours after she was
initially detained and that they were not responsible for the delay by the police department in responding to the
incident report.
Settlement Discussions
The plaintiff demanded $180,000, reduced to $75,000, later reduced to $15,000 at the settlement conference. The defendants made a C.C.P. Section 998 offers of $2,500 at the settlement conference.
Damages
The plaintiff claimed $2,175 in medical expenses
Injuries
The plaintiff suffered emotional distress.
Deliberation
four hours
Poll
12-0
Length
six days
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