Facts

On May 21, 2002, plaintiff Susan King, 52, was in the kitchen of her boyfriend, Fred Borowski's. King alleged Borowski either negligently or intentionally slammed her into the counter's corner, then grabbed the back of her shirt and threw her into another counter. Borowski was arrested and jailed until that evening, but no criminal charges were filed. King got a temporary restraining order while Borowski was in jail.

King brought suit against Borowski for battery and negligence.

Borowski filed a counter claim against King for intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
King contended that Borowski attacked her without provocation. She also claimed that she was offered a florist job in a Seattle Safeway store a month before the incident, but was forced to reject the offer due to her condition. The plaintiff claimed she was disabled and would require pain management treatment for the rest of her life.

DEFENDANT'S CONTENTIONS:
Borowski denied that he slammed or threw King into the counter, and contended that she grabbed his shoulder and pulled him back while he was making coffee. She then forced her body in front of his, pushing him off balance. The defendant further contended that plaintiff called 911 and told officers he had attacked her, that he had guns and that he wanted to kill her.

The defendant contended he asked plaintiff multiple times to move out of his house, including the night before the incident. He claimed she planned the incident, arrest and imprisonment so that she could stay longer at his home. The defendant cited another incident where plaintiff called the police to inform them he was stealing her car, when he was, in fact, packing for a fishing trip.

Settlement Discussions

The plaintiff demanded $750,000 per C.C.P. Section 998. The defendant offered $2,500 per C.C.P. Section 998, later raised to $25,000 before trial.

Injuries

Plaintiff alleged aggravation of a pre-existing back injury, neck injuries resulting in a two-level disc herniation at C5-6 and C6-7, needing discs removal and fusion surgery in 2004. A second surgery was needed to re-fuse C6-7 due to pseudoarthosis. Defendant disputed plaintiff's injuries, and claimed that her neck surgery was unwarranted and unrelated to the incident. Defendant further claimed that King's back problems were unchanged by the incident and that she had a history of neck complaints and related treatment.

Result

Defense verdict. Judge denied Borowski's counter claim.

Deliberation

one hour

Poll

11-1 (rejecting negligence), 12-0 (rejecting battery), 11-1 (finding that King intended to inflict emotional distress), 11-1 (finding that King's conduct was outrageous), 10-2 (rejecting claim that Borowski suffered severe emotional distress)

Length

12 days