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Personal Injury
Battery
Self Defense

Keith Klippensteen v. City and County of San Francisco, Freddie Ray New

Published: Sep. 27, 1997 | Result Date: Aug. 6, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 974321 Verdict –  $2,000

Judge

John E. Munter

Court

San Francisco Superior


Attorneys

Plaintiff

Gregory Bell


Defendant

Joseph Sandoval Jr.
(Office of the San Francisco City Attorney)


Facts

Plaintiff Keith Klippensteen was a passenger on a Municipal Railway bus driven by defendant Freddie New. When a woman boarded the bus without paying the fare, the defendant bus driver told her she would have to pay or leave the bus. She became belligerent, shouting insults at defendant New, who then pulled the bus to the curb and called the police. He told the other passengers that the bus would not continue in service until the dispute was resolved. The plaintiff was late for a medical appointment and began to berate the driver about the fare dispute. When defendant New told him to mind his own business, the plaintiff got up from his seat and spit in defendant New's face. Defendant New responded by rising from his seat and striking the plaintiff in the mouth as he tried to run from the bus. The plaintiff brought this action agianst the defendant based on assault and battery theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$ ________ $ ________

Injuries

The plaintiff claimed _______ injuries.

Other Information

The case was originally set for trial on March 31, 1997 and settled for $50,000, conditioned on approval of San Francisco transporation Committe, which did not approve the settlement.

Deliberation

1½ hours

Poll

12-0 (no malice); 10-2 (damages)

Length

1 week


#109879

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