Armando Cerda v. Northern California Carpenters Regional Council, Northern California Carpenters Union Local No. 701 & Jason Phillips
Published: Jan. 25, 2005 | Result Date: Nov. 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CECG02272 Verdict – $313,174
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Kristina L. Hillman
(Weinberg, Roger & Rosenfeld)
Experts
Plaintiff
Jerry Moore
(medical)
Karen Quinn
(medical)
Facts
Plaintiff Armando Cerda, a 47-year-old mechanic, worked for All Texture International Inc. (ATI). Over a period of 22 months, defendant Northern California Carpenters Union, Local No. 701 and Northern California Regional Council, picketed in front of ATI. The plaintiff claimed he endured racially derogatory comments from the picketers as he attempted to get to his job. In June 2003, while driving through the picket line, the plaintiff claimed he was punched in the head by a picketer, defendant Jason Phillips, and suffered injury to his ear.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $98,500, raised to $150,000, and lowered to $100,000. The defendants' offer was $15,000, raised to $25,000.
Damages
The plaintiff claimed past loss of earnings of $1,700, and future losses of $1,500.
Injuries
The plaintiff suffered a punctured left eardrum, requiring surgery. He has partial loss of hearing in his left ear. He will need future surgery to regain the remainder of his hearing. The plaintiff claimed he suffered emotional distress and underwent psychological counseling. He claimed past medical expenses of $7,000 and future medical specials of $7,000.
Result
Defendant Phillips declared bankruptcy and was dismissed from the lawsuit. The jury found for plaintiff against NCCRC only and awarded $313,174. It found NCCRC acted with malice and oppression. Of the award, $250,000 was for punitive damages. Local 701 received a defense verdict on the negligent issue.
Deliberation
one day
Poll
12-0 (on all questions)
Length
seven days
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