Evelyn Miles v. Cynthia Berliner
Published: Nov. 5, 2002 | Result Date: Oct. 3, 2002 | Filing Date: Jan. 1, 1900 |Case number: LC057953 Verdict – $265,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Harold Greenberg
(Law Office of Harold Greenberg)
Facts
The defendant, Cynthia S. Berliner, attacked the plaintiff, Evelyn Miles, beating her about the
head with a wooden dowel, approximately 15-18 inches in length and an inch in diameter at the
home of the defendant and the defendantÆs boyfriend. Evelyn Miles was 73 years old at the time
and sustained considerable head trauma requiring over 50 stitches and butterfly clamps. Miles
spent 36 hours in the hospital as a result of the injuries sustained. She had various medical tests
and procedures as a result of the attack, including Cat-Scans, MRIs, and various x-rays. In
addition, the plaintiff was referred to a psychologist to assist her in recovering from the trauma of
the attack. The plaintiff sued for assault, battery and elder abuse.
Settlement Discussions
The plaintiff demanded $150,000. The defendant offered instead an assignment of rights with regard to a possible bad faith insurance claim against the defendantÆs boyfriendÆs homeownerÆs insurance company.
Other Information
The defendantÆs medical expert testified that the defendant was of unsound mind a month after the attack and still suffers from a dissociative disorder. The award of $265,000 was made up as to $30,000 economic damages; $85,000 non- economic damages; $100,000 in punitive damages and $50,000 in attorneysÆ fees.
Deliberation
three hours
Length
2.5 days
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