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Personal Injury (Non-Vehicular)
Battery
Intentional Infliction of Emotional Distress

Susan Neal v. Ralph Castro, Mesa Management; Basic Capital

Published: Mar. 30, 1996 | Result Date: Feb. 28, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC088557 –  $0

Judge

Mary Ann Murphy

Court

L.A. Superior Central


Attorneys

Plaintiff

Samuel J. Jason

John C. Burton
(The Law Office of John C. Burton)


Defendant

John J. Doherty
(Doherty & Catlow)

Guillermo W. Schnaider

Katherine B. Pene
(Briskin, Lang & Pene APC)


Experts

Plaintiff

Frank X. Acosta Jr.
(medical)

Eugene H. Freed
(medical)

Defendant

Neal Handel M.D.
(medical)

Steven L. Read
(medical)

Facts

On February 12, 1993, the plaintiff, Susan Neal, a 26-year-old social worker, was at the defendant's, Mesa Management's, apartment building when the defendant property manager of the complex, Ralph Castro, became engaged in an argument with a tenant. The plaintiff attempted to intervene and the defendant, Castro, hit the plaintiff in the face, fracturing her nose. The plaintiff brought this action against the defendants, Ralph Castro, Mesa Management and Basic Capital (the owner's agent) based on battery, intentional infliction of emotional distress, negligence and premises liability theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $325,000. The defendants made a combined C.C.P. º998 offer of compromise for $45,000. Per the defendant, the defendants made a combined offer of $25,000.

Specials in Evidence

$30,000 $10,000

Injuries

The plaintiff alleged that she sustained a fractured nose resulting in chronic pansinusitis requiring two nasal surgeries as a result of the incident.

Other Information

The verdict was reached approximately two years and five months after the case was filed.

Deliberation

2 hours

Poll

11-1, 12-0, 12-0

Length

11 days


#116401

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