This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Trespass
Assault and Battery

Cynthia Mathis v. Bridget Wanzo, Nicole Wanzo

Published: Jan. 13, 2004 | Result Date: Jun. 9, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 2002040381 Verdict –  $320,792

Judge

William A. McKinstry

Court

Alameda Superior


Attorneys

Plaintiff

Steven M. McCarthy


Defendant

Lawrence A. Baker


Experts

Plaintiff

Vatche Cabayan
(medical)

Facts

Plaintiff Cynthia Mathis was the next-door neighbor of defendants Bridget and Nicole Wanzo in Oakland. The plaintiff contended that defendants forcibly entered her home, attacked her with a pair of scissors and threw her out the front door and off the porch. She claimed that earlier that day, a restraining order that she had sought had been issued against defendants. The plaintiff asserted that the police officer who arrived at the scene failed to ascertain the existence of the order and arrested her instead of the defendants. The plaintiff sued defendants, alleging trespass, forcible entry, assault and batter and intentional infliction of emotional distress. The defendants denied plaintiff's allegations.

Specials in Evidence

$35,183 $34,405

Injuries

The plaintiff claimed that her carpal tunnel condition was exacerbated, which required two surgical interventions over the following two years. She also sustained left hand lacerations, a head injury with secondary and continuing migraine-type headaches, trauma to her knees and a back injury.

Result

The jury found in favor of plaintiff and returned an award of $320,792. The plaintiff filed a memorandum of costs and was awarded $5,489. The plaintiff's counsel reported that a federal civil rights action regarding plaintiff's arrest by the Oakland police officer is pending.

Deliberation

two days

Poll

12-0

Length

16 days


#123139

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390