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Torts
Assault
Border Crossing Incident

Tori Ferrari v. Jose Maria Betancourt

Published: Jan. 31, 2009 | Result Date: Nov. 6, 2008 | Filing Date: Jan. 1, 1900 |

Case number: GIC879385 Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Rocky K. Copley


Defendant

Anthony T. Case
(Case, Harvey & Fedor)


Experts

Plaintiff

Paul Dosik
(medical)

Rudrick Boucher
(medical)

Robert Bravin
(medical)

David Kupfer
(medical)

Defendant

John A. Berger
(medical)

Kierian Kuklok
(medical)

Paul Goodman
(medical)

Facts

On Jan. 21, 2006, plaintiff Tori Ferrari, a 29-year-old border patrol officer, heard loud voices and cursing coming from defendant Jose Betancourt as another officer was interviewing defendant and his wife in their car at the Otay Mesa International Border Crossing. Defendant allegedly hit defendant in the face as she approached the car. Plaintiff sued defendant for assault.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant struck her while his wife made a threatening gesture toward the other border patrol officer. The wife refused plaintiff's request to exit the vehicle. When plaintiff tried to forcibly remove her, defendant moved across the front seat and hit plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant denied hitting plaintiff in the face and contended his wife exited the car per plaintiff's instructions. Defendant only stepped out of the passenger side when his wife was tackled to the ground by a male officer.

Specials in Evidence

$18,000 $14,000. $3,000 to $20,000 to treat facial pain.

Injuries

Plaintiff suffered multiple injuries, including a broken nose; black eye; tooth loss; root canal; and sinus damage.

Result

The jury rendered a defense verdict.

Other Information

Insurer: Infinity Insurance Co. for Betancourt.

Deliberation

one hour

Poll

10-2

Length

four days


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