Facts

On June 29, 2005, defendant's employee allegedly falsely imprisoned, assaulted, and battered plaintiff Andrew Chavez. Plaintiff further alleged that defendant's long-time employee, had a difficult and violent temperament of which defendant was notified. Plaintiff also alleged that defendant's employee was the subject of numerous complaints, and had threatened to shoot plaintiff with a shotgun days before setting him on fire.

Plaintiff contended that there had been ongoing issues for years between the plaintiff and defendants over irrigation issues at the real property at issue co-owned by defendant and plaintiff. Plaintiff contended that defendant instructed his employee on at least two occasions to break plaintiffs' waterlines. When defendant finally offered plaintiff a solution to the problem, plaintiff contended that defendant's employee reacted by assaulting and battering plaintiff by setting plaintiff on fire.

Defendant's employee was arrested that day and was ultimately convicted of the crimes of aggravated mayhem (Penal Code section 205) and arson causing great bodily harm (Penal Code section 451(a)) and is currently serving a life sentence in state prison. Defendant employee has appealed the conviction.

Each defendant denied all allegations against them and that the attack ever occurred.

Settlement Discussions

The parties attempted mediation in June 2007, but were unsuccessful in resolving the lawsuit. After the second mandatory settlement conference on Jan. 20, 2008, the parties successfully resolved the case with the assistance of the Hon. David Long.

Injuries

The plaintiff was permanently disfigured as there were second and third degree burns to over 30 percent of his body.

Result

Defendant employer paid $650,000 to plaintiffs. Waiver of costs in exchange for dismissal for suit against defendant employee.

Other Information

Defendant employee has appealed his conviction in the criminal case. FILING DATE: March 23, 2006.