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
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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