Facts

On March 15, 2014, plaintiff Matthew McCool, a 41-year-old consultant, alleged that he was battered by defendant Thomas J. Powers on the patio of an Irish Pub in Hermosa Beach.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant punched him twice in the face. Plaintiff claimed the assault was unexpected and caused permanent injury to his neck.

DEFENDANT'S CONTENTIONS:
Defendant claimed he was acting in self-defense and plaintiff was inviting him to fight.

Settlement Discussions

Plaintiff served a CCP 998 of $50,000 prior to trial. Defendant served a CCP 998 Offer of $10,000 prior to trial.

Specials in Evidence

$98,000 $7,200 $50,000 $50,000

Damages

Plaintiff claimed emergency room charges of at least $2,000 and subsequent physical therapy and chiropractic charges in excess of $8,000. Approximately two months before trial, plaintiff allegedly underwent an epidural injection to his neck, which was followed by another injection approximately one month before trial. Costs of the epidurals allegedly exceeded $88,000. In closing, plaintiff sought all the previously mentioned charges as well as future medical costs and lost earnings exceeding $100,000. Plaintiff also requested $500,000 from the jury for pain and suffering. Plaintiff also sought unspecified punitive damages.

Injuries

Plaintiff claimed permanent injury to the cervical region of his spine. Defendant claimed the medical care to plaintiff's neck was the result of a pre-existing, degenerative condition.

Result

Jury unanimously returned a total verdict of $4,000.

Other Information

Plaintiff's costs were taxed and denied in their entirety under CCP 1033(a). Defendant was awarded post-offer CCP 998 costs. FILING DATE: April 21, 2014.

Deliberation

10 hours

Length

seven days