Russell Clanton, Vickie Hawkins-Clanton, Rio Savage-Clanton, SeaAnna Sage-Clanton, minors, et al. v. Melvin Lewis Carr II
Published: Jun. 10, 2003 | Result Date: Mar. 20, 2003 | Filing Date: Jan. 1, 1900 |Case number: DR010421 Verdict – $100,000
Judge
Court
Humboldt Superior
Attorneys
Plaintiff
Andrew J. Stunich III
(Perlman & Stunich)
Defendant
Bradford C. Floyd
(Floyd Law Firm)
Experts
Defendant
Paul S.D. Berg
(medical)
Brian Bergault
(technical)
Facts
The plaintiffs, Russell Clanton, Vickie Clanton and their children, Rio, 11 and SeaAnna, 9, claimed that the defendant Melvin Carr had created a nuisance and had invaded their privacy by using power equipment near their home in the early morning hours and during dinner times. They also alleged that Carr had thrown nails on their driveway, made "crank" phone calls to their home at all hours, drained their water tanks and had engaged in an overall pattern of behavior designed to intentionally inflict emotional distress.
Result
The jury awarded the plaintiff husband and wife $100,000, made up as to $90,000 in pain and suffering and $10,000 in punitive damages. The jury found no damages in the claims by the two minor plaintiffs. The defendant/cross-complainant was defense on the grounds that although the plaintiff had trespassed and committed battery, the defendant/cross-complainant had sustained no damages.
Deliberation
six hours
Poll
11-1 (liability), 10-2 (damages), 11-1 (punitive damages)
Length
11 days
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