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Torts
Harassment
Trespass

Allan Reumont v. Jacqui Gordon

Published: Apr. 18, 2015 | Result Date: Feb. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 30-2014-00714313 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Victor W. Luke
(Law Firm of VW Luke APLC)

Joshua E. Brown
(Collins Collins Muir + Stewart LLP)

Jackson T. Leverone


Defendant

Seymour B. Everett III
(Everett Dorey LLP)

David L. Martin
(Martin Law)


Experts

Plaintiff

Danny L. Keiller
(medical)

Robert Record
(medical)

Defendant

Scott K. Forman M.D.
(medical)

Martin Gelbard
(medical)

Facts

Plaintiff Allan Reumont filed suit against defendant Jacqui Gordon.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant assaulted him by chasing him with a key-chain stun gun, causing a fall that resulted in permanent medical injuries.

Plaintiff asserted claims of harassment, stalking, trespass, nuisance, intentional infliction of emotional distress and assault.

DEFENDANT'S CONTENTIONS:
Defendant admitted protesting in front of plaintiff's home with a 3'x5' sign that read "SHORT SALE BY [expletive]." Defendant asserted that she was exercising her First Amendment Right to Free Speech and Expression when she stood up to plaintiff. Defendant asserted that her protesting was conducted solely on public property. She contended that she did not assault plaintiff at any point in time.

Defendant asserted that plaintiff had not met his burden of proof regarding the element of causation, especially given his pre-existing conditions and claims of similar injuries in prior litigation.

Settlement Discussions

Before closing arguments, plaintiff demanded $2.7 million to settle the action. Plaintiff's demand prior to trial was $185,000. Defendant offered to resolve the action for $25,000 during formal mediation, and later issued a CCP 998 Offer in the amount of $37,500. Plaintiff did not accept the offer.

Specials in Evidence

$4,650 $648,000 $80,750

Damages

Plaintiff claimed damages related to medical expenses, loss of earnings, and loss of business income in the amount of $985,652. He claimed damages related to pain, suffering, and emotional distress in the amount of $5,913,914.

Injuries

Plaintiff claimed Peyronie's disease caused by penile trauma. He also claimed an injury to his left foot requiring surgery.

Result

Defense verdict. The jury returned a defense verdict on all six causes of action asserted by plaintiff.

Other Information

Plaintiff filed a Motion for Judgment Notwithstanding the Verdict, and a Motion for a New Trial. Defendant filed a Motion for an Order of Fees and Costs per CCP Section 2033.420. All three motions are currently pending. FILING DATE: April 2, 2014.

Deliberation

two hours

Length

14 days


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