Facts

On Oct. 8, 2002, defendant Jack Kelly, an off-duty Border Patrol officer cut off plaintiff Sheree Fetkin, 16, on highway 79 near Verde Lane in Temecula. He followed her, exited his van, and approached plaintiff, insulting her with sexually explicit, abusive language. The defendant was convicted of misdemeanor stalking on May 5, 2004. The plaintiff sued him, in part, for assault, battery, and negligent infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended she honked her horn at defendant when he abruptly switched into her lane. In response, defendant slammed on the brakes directly in front of her, exited his van, and approached plaintiff's vehicle, screaming sexually explicit insults and using profanity. He then followed plaintiff to a shopping center parking lot and stopped his van in front of her vehicle, blocking her exit. The defendant reemerged from his car to insult and threaten plaintiff, who stayed in the car. The plaintiff called the police, who instructed her to follow defendant's fleeing van. She stopped at Roripaugh and Starling, an unfamiliar location. The defendant blocked plaintiff's egress. He screamed more expletives and threatened her, then fled the scene.

DEFENDANT'S CONTENTIONS:
The defendant contended the plaintiff failed to mitigate her damages and that intervening or superseding acts caused her injuries.

Settlement Discussions

Arbitrator John Belton awarded plaintiff $50,000 in damages on Aug. 8, 2005.

Damages

The plaintiff sought general and punitive damages.

Injuries

The plaintiff suffered emotional distress.

Result

The jury awarded plaintiff $7,500 for past non-economic loss.

Other Information

FILING DATE: July 13, 2004.