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Personal Injury
Assault and Battery

Jeannette Martello M.D. v. Kristin S. Door

Published: May 3, 2019 | Result Date: Mar. 7, 2019 | Filing Date: Jun. 30, 2016 |

Case number: BC625464 Verdict –  Defense

Judge

Michael B. Harwin

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Daniel A. Crawford
(Crawford Law Group)


Defendant

Richard J. Rojo
(Office of the Attorney General)


Facts

Jeannette Martello filed suit against Kristin Door in relation to an argument between the pair in the hallway of a downtown Los Angeles courthouse.

Contentions

PLAINTIFF'S CONTENTIONS: Martello alleged that she and Door disputed whether the Department of Managed Health Care was properly served with litigation papers, and the judge directed them into the hallway to settle the dispute. Martello claimed that once in the hallway, Door threw papers into her face, causing her physical and psychological injuries. Martello further alleged Door's actions were so vicious and unforeseeable that they fell outside the course and scope of her employment for the government.

DEFENDANT'S CONTENTIONS: Door denied the allegations and claimed she merely dropped the papers to the floor. Further, Door claimed that because she was working in the course of her employment with the government by discussing proof of service papers at the time the alleged incident took place, and Martello did not file a federal tort claim, the lawsuit was invalid. Door also pointed out that Martello presented no photographs or physical evidence of alleged swelling, high blood pressure, or weight gain, and Martello received no treatment after the alleged incident.

Settlement Discussions

Plaintiff made a $45,000 demand. Defense offered a waiver of costs.

Injuries

Martello claimed she suffered immediate swelling and facial pain as a result of the supposed attack, and now feared lawyers. Martello also alleged stress from the incident led to emotional eating and high blood pressure.

Result

The jury returned a verdict for Door, finding she was acting in the course of her employment at the time of the incident.

Deliberation

20 minutes

Length

four days


#131681

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