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Personal Injury
Battery
Spousal Abuse

Graves v. Graves

Published: Oct. 31, 1998 | Result Date: Jul. 22, 1998 | Filing Date: Jan. 1, 1900 |

Case number: LC019504 Verdict –  $1,695,950

Judge

Marvin D. Rowen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

J. Steven Kennedy
(Law Offices of J. Steven Kennedy)


Defendant

Gerald N. Shelley


Experts

Plaintiff

Gail J. Pincus
(technical)

Facts

In 1985, the plaintiff, a 31-year-old artist, married the defendant, a 49-year-old owner of a Los Angeles area car dealership. The plaintiff alleged that, in the course of the marriage, the defendant physically, emotionally and sexually abused her and terrorized her with guns. The alleged incidents were extreme and outrageous. The plaintiff filed for dissolution of marriage in December 1991. According to the plaintiff, the defendant threatened to kill her after he was served with the papers and he then continued to stalk and harass her for months, in disregard of restraining orders. The plaintiff brought this action against the defendant based on battery and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff demanded that defendant execute a stipulation for entry of judgment providing that, in the event that defendant violated certain restraining orders, judgment would be entered against him for $500,000. The defendant rejected this demand. No other monetary offers or demands were made.

Specials in Evidence

$1,254 (medical), $17,230 (therapy)

Injuries

The plaintiff claimed that she suffered various physical injuries and post-traumatic stress syndrome.

Result

POST TRIAL MOTIONS: The defendant's motion for new trial and motion for judgment notwithstanding the verdict were each denied on Aug. 20, 1998.

Other Information

The verdict was reached approximately five years and eight months after the case was filed.

Deliberation

1½ days

Poll

12-0 (liability); 10-2 (punitive damages)

Length

12 days


#112573

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