Facts

Plaintiff was a manager at a storage facility. She claimed that when defendant was refused entry to his locker because he did not have the necessary code, an argument ensued. Thereafter, defendant reached over the counter, grabbed plaintiff and struck her while she struggled to free herself. An outside service employee ran and tackled defendant, separating defendant from plaintiff. Police were called by both sides.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the incident caused her severe emotional distress and claimed physical as well as mental problems. The plaintiff claimed she incurred significant medical problems (panic attacks, stomach, sleep problems) and related medical costs. She also contended that she eventually lost her job as well as her house because of her physical and emotional problems caused by the incident.

DEFENDANT'S CONTENTIONS:
The defendant contended that he grabbed his file and if he touched the plaintiff, it was only by accident. The defendant argued that the claimed medical and physical problems were not a result of the incident; they were not rendered until months after the incident because they resulted from unrelated stressors in the plaintiff's life.

Specials in Evidence

$4,039

Damages

The plaintiff claimed $4,039 in medical expenses, $50,000 in pain and suffering, plus an unspecified amount for punitive damages.

Result

The plaintiff was awarded $35,000 for compensatory damages only.

Other Information

Plaintiff was not allowed to produce medical testimony as the medical witness did not appear at the arbitration and the arbitrator held that plaintiff did not prove that her termination was a result of the incident. FILING DATE: Sept. 11, 2006.