Facts

Plaintiff Gregorio Asuncion, 52, claimed that he was injured when defendant Freddie Roach struck him at the Wild Card Gym Boxing Club, which is owned by Roach.

Plaintiff Allyson Asuncion, 51, claimed that her relationship with her husband, Gregorio Asuncion, suffered as a result of the alleged injury.

Plaintiffs asserted assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, premises liability, negligent supervision, hiring, and/or retention, and loss of consortium. Before submitting the case to the jury, Ascuncion dismissed the claims for assault, negligence, and premises liability.

PLAINTIFF'S CONTENTIONS:
Ascuncion contended that Roach struck him from behind with both hands causing him to collapse to the floor.

DEFENDANTS' CONTENTIONS:
The defense contended that Ascuncion was attempting to enter the dressing room of boxer Manny Pacquiao during a private training session at the boxing club. The defense contended that Ascuncion was an unwelcome trespasser at the club during a private session. The defense further argued that, despite being asked to leave on several occassions, Ascuncion refused to leave and attempted to enter the dressing room, at which time Roach gently placed his hand on Ascuncion's shoulders and directed him to the door. Roach contended that he did not have the intent to harm or offend Ascuncion.

Specials in Evidence

Ascuncion claimed that he was unable to return to work for four days.

Damages

Asuncion sought recovery for $250,000 for pain and suffering, and $250,000 for emotional distress,lost earnings, loss of future capacity, and property damage (for a gold necklace allegedly broken during the incident). His wife sought $150,000 for loss of consortium. The defense contended that the injuries and damages were manufactured.

Injuries

Asuncion claimed that he sustained cervical sprain/strain, right shoulder sprain/strain, thoracic sprain/strain. The injury was allegedly addressed through chiropractic treatment. Ascuncion acknowledged that he suffered no permanent injuries and was asymptomatic at the time of trial.

Result

The jury returned a full defense verdict.

Other Information

FILING DATE: Nov. 6, 2008.

Deliberation

2.5 hours

Length

five days