Facts

On March 19, 2014, plaintiff Gregory Bagwell was traveling southbound on Hazel Ave., in Sacramento County. Bagwell was driving behind defendant Mia Funk's vehicle, waiting to turn left into a shopping center. After Funk failed to turn, Bagwell turned out of order in front of her. Funk confronted Bagwell in the parking lot, telling him he endangered her life by subjecting her and her two children to being broadsided. She also told him he cut off a driver in the parking lot by driving through a stop sign. Funk's husband, John Funk, soon arrived at the shopping center and a confrontation between the two men ensued. John Funk punched Bagwell in the head, causing him to fall to the floor. Bagwell, and his wife Linda Bagwell, who witnessed the fight, sued the Funks. The altercation was captured on Peet's video surveillance system.

PLAINTIFFS' CONTENTIONS:
Bagwell contended that John Funk committed battery and that Mia Funk was negligent. Linda Bagwell contended that John Funk committed intentional infliction of emotional distress and that Mia Funk committed negligent infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
Greg Bagwell pulled up behind two cars, which were in the "suicide lane" waiting to turn left into the shopping center. When oncoming traffic cleared, the first car in line made its left turn. Traffic remained clear, but the car directly in front of Greg Bagwell did not turn. After waiting only a few seconds, Greg Bagwell made a left turn, out of order, traveling the wrong direction into oncoming traffic, from his position behind Mia Funk. Greg Bagwell's turn cut Mia Funk off, who had initiated her left hand turn, for which she had the right of way. Mia had her two boys in the front and rear passenger seats of her car. Mia Funk was unable to turn into the shopping center parking because of Greg Bagwell's turn, leaving her sitting at the entrance, with oncoming traffic heading towards her car and her children. Mia then witnessed Greg Bagwell cut off a subsequent car in the parking lot when he failed to stop at a stop sign.

Both Greg and Mia were traveling to Peet's Coffee. Upon seeing Greg in the Peet's parking lot, Mia pulled up next to him and told him that he was driving unsafely and endangering her children. Mia testified at deposition and trial that Greg was hostile and aggressive towards her, getting within inches of her face and yelling "What are you going to do about it?" before walking away from her and entering Peet's. Thereafter, Linda Bagwell came from around the car and had a conversation with Mia Funk, and attempted to give Mia a hug. Mia then got in her car, and drove over to Great Clips to get her children haircuts. Upon entering Great Clips, Mia sat down and began having an anxiety attack, of which she has a medical history. She called her husband John Funk for support. He then came down to the shopping center.

After arriving at the shopping center, John Funk told Mia that he wanted to have a conversation with Greg Bagwell. Mia Funk testified that she believed John meant a true conversation and not a physical altercation. Mia testified that she had no reason to believe that her husband was going to physically assault Greg, as he did not have a history of doing so. John also testified that he had never been in a physical altercation prior to this incident.

As John and Mia Funk entered Peet's Coffee, John asked where Greg Bagwell was. Mia Funk identified him, and John went up to John and shoved him on the shoulder. Greg Bagwell then stood up, shoving John into a table, and a fight ensued. John struck Greg once, which knocked him to the floor, and then proceeded to hit him several times.

Injuries

Bagwell claimed that he sustained a concussion and hairline fracture to his L1 and L2 vertebrae. Defendant denied the extent of plaintiff's damages as he has a medical history of similar complaints.

Result

The jury returned a verdict for plaintiffs, determining that John Funk was 70 percent at fault and that Mia Funk was 30 percent at fault. The jury awarded Gregory Bagwell $268,420.02, finding that although he was comparatively negligent, that his negligence was not a substantial factor in causing his injuries. The jury also found that John Funk acted with malice. The parties settled the punitive damages claim for $150,000.

Other Information

Defendants' insurer, USAA, denied coverage to John Funk on the basis that his tortious acts were intentional. USAA indemnified and defended Mia Funk, without a reservation of rights, against the negligence claims. Linda Bagwell settled her claims against the defendants for $15,000 two weeks prior to trial. Punitive damages were alleged by both plaintiffs as to defendant John Funk. On the first day of trial, plaintiff moved the court to amend the complaint to allege civil conspiracy against Mia Funk and John Funk. Defendants opposed the motion. Plaintiff's motion was denied.