Crowder v. Branam, et al.
Published: Oct. 5, 1996 | Result Date: Jun. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV737812 – $881,000
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stanley D. Harmon
(medical)
Craig E. Pratt
(technical)
Glen S. O'Sullivan
(medical)
Karen Pullen
(technical)
Robert S. Gamburd
(medical)
Defendant
Jonathan Chang
(medical)
Facts
On Feb. 9, 1993, plaintiff Keith Crowder, a 41-year-old assistant sales manager at defendant Allison BMW, claimed that defendant Scott Branam, a salesman at Allison BMW, became upset with him because he did not believe that Crowder did not know how to replace windshield wiper blades on a new BMW. The plaintiff claimed Branam attacked him, grabbing him by the throat and pushing him backward over a car parked in the showroom of the dealership. The plaintiff argued that defendant Allison BMW, the employer of both defendant Branam and plaintiff Crowder, attack by falsifying witness statements to protect Branam and by not taking any disciplinary action against him. The plaintiff contended that although a letter of reprimand was found in Branam's file, this letter was a sham, backdated and given to Branam more than four months after the incident. Defendant Branam contended that he did not grab Crowder by the throat or push him over a car and that Crowder had a pre-existing back injury that had required prior surgery. (Defendant Branam claimed he had medical evidence of the plaintiff's preexisting condition). Defendant Branam also had written statements taken shortly after the alleged incident indicating that the plaintiff has initiated the incident, had made the initial physical contact with Branam and had dared Branam to hit him. Defendant Branam contended and his expert testified that the plaintiff's current disability was solely the result of his preexisting injury. Defendant Allison BMW contended that it did discipline Branam both verbally by reprimanding him shortly after the incident, and by preparing a letter of discipline five days later which was given to Branam and placed in his personal file about thirty days later. The plaintiff brought this action against the defendants based on assault and battery against defendant Branam and ratification against defendant Allison BMW.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $25,000 to Allison BMW and $50,000 to Branam. The defendants made no settlement offers.
Specials in Evidence
$172,000 $250,000 $268,000 $80,000
Injuries
The plaintiff claimed sustained herniated discs at L4-5 and L5-S1, permanent disability requiring a laminectomy and fusion (four day hospitalization). (Per defendant Branam; medical evidence was introduced showing plaintiff had a herniation of L4-5 and L5-S1 for almost 20 years before the alleged incident with Branam; and that the plaintiff was treated for that preexisting condition.)
Other Information
The verdict was reached approximately two years and six months after the case was filed. An arbitration was held on Jan. 19, 1995 and Jan. 26, 1995 resulting in an award of $0 to the plaintiff. The plaintiff requested a trial de novo. POST TRIAL MOTION: JNOV and New Trial motions were denied. C.C.P. º998 interest and costs were granted in the amount of $131.000. The plaintiff's motions for attorney's fees was denied. Allison BMW has appealed the verdict and Branam is expected to file an appeal. The jury was instructed it must find Branam liable in order to find Allison BMW liable.
Deliberation
3 days
Poll
10-2 (liability); 12-0 (damages)
Length
11 days
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