Jackson v. Gurganious
Published: Nov. 22, 1997 | Result Date: Sep. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: 7552131 – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael H. Carstens
(medical)
Facts
On Aug. 12, 1994, plaintiff, a 30-year-old architectural draftsman, was in Geoffrey's Inner Circle Bar in Oakland. The plaintiff alleged that defendant's group took his table while he was in the restroom. An altercation ensued between plaintiff and one of defendant's party. There was talk of fighting and a 9 mm pistol was mentioned. The plaintiff suddenly moved toward defendant who was seated. The plaintiff mentioned getting a briefcase which was behind defendant's chair. The plaintiff leaned over and defendant contacted his body. The defendant stood up, restrained plaintiff and pushed him onto a table. The plaintiff went to the hospital the next morning with a fractured zygomatic arch. The plaintiff alleged that defendant hit him. The defendant denied hitting plaintiff and contended he merely restrained him. The plaintiff brought this action against defendant based on assault and battery theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $350,000, reduced to $90,000 and further reduced to $70,000. The defendant made C.C.P. º998 offer of compromise for $1,500.
Specials in Evidence
$21,750 $1,980
Injuries
The plaintiff suffered a comminuted triple fracture of the zygomatic arch requiring open reduction and internal fixation. His wound became infected and he had to return to the hospital for another two days. The plaintiff retained a surgical scar in the temple area.
Other Information
A mediation was held before Roger Allen of Morton, Lulofs & Allen for + day. It did not resolve the matter.
Deliberation
1+ hours
Poll
12-0
Length
six days
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