Confidential
Settlement – $550,000Facts
On Sept. 1, 1997, the plaintiff went into the defendant restaurant. He had an appetizer and two gin and tonics, which represented a total bill of $31.36. Per the defendant, the plaintiff attempted to leave without paying, when two male busboys ran after him. The plaintiff left the defendant restaurant, chased by these two male employees, and plaintiff ran across several streets, and was, at one point, grabbed by the defendant employees, who sat on him. He broke away and ran to escape them. He was running near a large hotel when one of the defendant employees tackled him and smashed his face into the marble facade of the hotel. Although the defendant employee told the police officers investigating this incident that the plaintiff had tripped and fallen into the wall, independent eyewitnesses reported that they observed the emplyee shove the plaintiff's face into the marble wall of the hotel so forcefully that the witness thought the employee was trying to kill the plaintiff. The plaintiff immediately lost consciousness from the force of the blow to his head, and he crumpled to the sidewalk. One of the witnesses who had seen the plaintiff chased and tackled, saw the plaintiff lying there on the sidewalk, bleeding from the nose and mouth. Several broken teeth from the plaintiff lay on the sidewalk. The witness noticed that the plaintiff was choking on his own blood, and repositioned his body to prevent his choking, which probably saved the plaintiff's life. The plaintiff brought this action against the defendant based on assault and battery, intentional and negligent infliction of emotional distress and negligence.
Settlement Discussions
Per the plaintiff, the plaintiff demanded $325,000 in a July 30, 1998 letter. The plaintiff later served a C.C.P. º998 offer in the amount of $349,000 on Sept. 2, 1998 which expired without acceptance.
Specials in Evidence
$30,806 $34,000 (approximate). A present repair of the teeth damaged in this incident would cost $4,000 and the prostheses placed on these teeth would have to be periodically replaced for the remainder of plaintiff's life, for an additional estimated cost of $15,000. There are visible scars on plaintiff's head, face and knee which will require plastic surgery to reduce, at an estimated cost of $15,000. The plastic surgeon indicated that the scars will be only reduced, that facial scars in the middle of plaintiff's face will be permanent, and that within plaintiff's hairline, there will be permanent inability of the hair to grow where the scars are present. The costs of rehabilitative services which the neuropsychiatric evalution indicated were necessary, are at this time unknown. No wage loss was presented as the plaintiff was unemployed.
Injuries
The plaintiff suffered bilateral frontal skull fractures and an epidural hematoma with a midline shift, which required emergency surgery. He also required care for gashes to his face, lacerations inside his mouth, injury to his foot, and a deep gash to his knee, implicating his knee joint. Several front teeth were broken. He was maintained in intensive care for days following the surgery, and then was seen for follow-up at various hospitals. He had scars on his face and skull from the attack and subsequent brain surgery. The neurology department of one hospital observed that the plaintiff demonstrated memory loss, headaches, dizziness and problems concentrating, and referred him for a neuropsychiatric evaluation. Approximately seven months after the injury, the detailed evaluation reported "persistent difficulties in sustained memory, learning, and complex problem solving."
Other Information
Per the plaintiff, a settlement conference was held on Oct. 14, 1998, before Judge Rebecca Westerfield of JAMS, which did not result in a settlement, but Judge Westerfield continued to assist the parties in discussions after the settlement conference.
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