Facts

On Jan. 23, 2010, Shannon Hershey tried to shoplift a bottle of liquor while in a Stater Bros. Market in Beaumont. The store's manager, David Nadeau, as well as two security guards and an employee, confronted Hershey and tried to detain him. As this occurred, Hershey suffered injuries. Subsequently, Hershey was jailed for the offense. He sued the market, Nadeau, the security officers, and the employee.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the defendants acted negligently and battered him. He argued that the individual defendants attacked him without any warning, which caused a fight to erupt. Consequently, plaintiff argued they did not adhere to proper policies and procedures for stopping shoplifters, and that he was detained improperly.

DEFENDANTS' CONTENTIONS:
Defendants argued that they followed appropriate procedures in detaining Hershey, and that he was not physically assaulted, but hurt himself because he bumped into a shopping cart while resisting the detention.

Settlement Discussions

The defense offered $10,000 under CCP 998.

Damages

Plaintiff asked for $5,900 in past medical expenses, $58,300 in future medical expenses, and damages for pain and suffering.

Injuries

Hershey suffered abrasions, back and neck injury, facial laceration, inguinal hernia, scrotum hernia, shoulder injury, soft tissue injury, and strains and sprains.

Result

The jury awarded Hershey $172,106.60.

Other Information

Plaintiff is appealing the denial of a motion to amend a pleading to proof for punitive damages, and the defense is moving for a new trial and judgment notwithstanding the verdict.

Deliberation

one day

Poll

12-0

Length

10 days