Tounou v. Montul Long Laundry Time, et al.
Published: Mar. 15, 2001 | Result Date: Oct. 13, 2000 | Filing Date: Jan. 1, 1900 |Case number: CV00605 Verdict – $10,276
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael W. Foster
(Foster Employment Law)
(medical)
Facts
The plaintiff owns a dry cleaning business adjacent to Montul Long Laundry Time, a self-serve, coin-operated
laundry business.
On Dec. 16, 1998, the plaintiffÆs employee went to Laundry Time to dry 49ers jacket, which had been left with
the plaintiff for repair and dry cleaning. After one hour, the plaintiffÆs employee told her the jacket was not in
the dryer. The plaintiff asked Vorak Meas, the Laundry Time employee on duty, for assistance. Meas located
the jacket in another dryer. Then, Kelly Ann Golden claimed the jacket.
The plaintiff and Golden argued briefly before Golden allegedly punched the plaintiff three times. The plaintiff
then asked Meas to call the police, but Meas responded that his phone had difficulty dialing an outside line.
The plaintiff left the store and called the police. Golden was arrested and charged with misdemeanor petty theft
and battery.
Settlement Discussions
The plaintiff demanded $150,000, reduced to $25,000 at the mandatory settlement conference. The defendant offered $6,000 at the mandatory settlement conference, which was revoked on the day of trial.
Specials in Evidence
$2,601 $500
Injuries
Fractured tooth number 10, requiring orthodontic treatment as well as injury to tooth number 19.
Result
Verdict for plaintiff of $10,276, representing $276 special damages and $10,000 general damages, reduced by 70 percent at fault attributable to cross-defendant Kelly Ann Golden, resulting in a net verdict of $3,276. As this verdict was less than the arbitration award, the defendant was entitled to recover costs, which approximated the verdict.
Other Information
<A>An arbitration was held before Stephen C. Snider of Mullen, Sullivan & Newton resulting in $6,401 to plaintiff.</A> <P>Motions to tax costs was filed by both plaintiff and defendant.</P>
Deliberation
three hours
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390