Enrique Corrales, Maria Carmen Martinez v. Scram of California Inc.
Published: Sep. 11, 2020 | Result Date: Oct. 4, 2019 |Case number: 37-2017-00035072-CU-PO-CTL Verdict – $72,000
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Claudia Y. Arzaga
(The Arzaga Law Firm)
Manuel L. Ramirez
(Manuel Luis Ramirez Law Firm PLLC)
Defendant
Malcolm D. Schick
(Gray, Prouty & Schick)
Facts
Enrique Corrales was arrested for domestic violence and driving under the influence of alcohol. Corrales later presented at a hospital for health issues, and the judge ordered Corrales be monitored by a SCRAM bracelet. The bracelet monitored alcohol contentent from Corrales's perspiration through data processed by SCRAM of California Inc. (SCRAM) . Corrales later sued SCRAM for battery.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he complained to a SCRAM technician about how tight the bracelet was, but the technician refused to loosen it because it would loosen naturally. Plaintiff also contended that though he consented to wearing the SCRAM bracelet, he did not consent to it being affixed so tightly to his ankle. Plaintiff further contended that defendant incorrectly trained its technicians on attaching the bracelet because they failed to provide the required two finger space between the SCRAM bracelet and plaintiff's skin. Plaintiff contended that his work as a handyman had been discontinued as a result of his injuries from the SCRAM bracelet.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions and instead contended that plaintiff's ankle was only minimally swollen. Defendants further contended that plaintiff could have personally removed the SCRAM or sought medical attention to remove it if his injuries were to the extent claimed.
Injuries
Enrique Corrales claimed neuropathy in an interior nerve in his ankle, drop foot, and a limp. The limp also allegedly caused knee, hip, and back problems.
Result
The jury found both parties were negligent. Plaintiff was awarded $39,600 to compensate for 55 percent of his damages.
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