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Personal Injury
Battery
Negligence

Carol McCurry v. Carol Espinosa

Published: Mar. 25, 2003 | Result Date: Sep. 11, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 411594 Verdict –  $280,249

Judge

Robert D. Foiles

Court

San Mateo Superior


Attorneys

Plaintiff

Elliott M. Pisor


Defendant

Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)


Experts

Plaintiff

John D. Warbritton III
(medical)

Barbara Wendland
(medical)

Defendant

Gordon L. Levin M.D.
(medical)

Facts

The plaintiff, a 52-year-old female mail carrier and the defendant, a homeowner, engaged in a dispute which progressed to a physical contact, which resulted in the plaintiff sustaining injuries.

Settlement Discussions

The plaintiff submitted a demand of $200,000; the defendant offered $22,000.

Specials in Evidence

$29,471 $50,778

Injuries

Partial tear of rotator cuff, leading to surgery.

Result

The plaintiff was found 40 percent comparatively negligent, resulting in a net verdict of $168,150.

Other Information

During post-trial motions, judge Robert D. Foiles ruled that there was a negligent-type battery, subject to reduction for comparative fault of 40 percent, resulting in a net verdict of $168,150. Judgment paid.

Deliberation

seven hours

Poll

12-0 (battery and damages), 9-3 (comparative liability)

Length

five days


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