Facts

Defendant Duane Cooper was a fireman assigned to building inspections. He used a county vehicle to travel and inspect various buildings for safety. On this particular Friday, Feb. 16, 2018, he went to plaintiff Derek Siri's restaurant. He was in uniform wearing a badge. Plaintiff's wife was operating the restaurant alone. Cooper had sent her a text message, letting her know that he was coming over. Plaintiff was age 66 and his wife was about 49 years of age. Plaintiff called the restaurant, about noon, to check in and see how busy they were. Nobody answered the phone so he drove over.

Upon arrival at the restaurant, plaintiff noticed the Los Angeles fire department car out front. There was a handwritten note on the front door, that the restaurant was closed. He entered and went through the restaurant and stepped into the kitchen. At that point, he saw his wife bent over the counter, with her pants and panties down to her knees. Cooper, was behind her attempting to pull in his penis. Plaintiff yelled from the doorway.

Cooper bowled the plaintiff over and fled the scene. Plaintiff went to the local fire station to lodge a complaint. The Fire Captain made a confidential call to the police on behalf of Cooper. Police came to the station with guns drawn and put plaintiff on the ground. Plaintiff was eventually cleared and released from the fire station.

Word got to Cooper that plaintiff knew who he was. The battalion chief contacted Cooper at home and they met in a parking lot that night and also spoke to another battalion chief. Cooper was assisted in changing his timecards in the computer to make it look like he was not on the job while "at lunch". Cooper got a slap on the wrist, because they made it look like he was off-duty. Plaintiff received medical treatment and Cooper retired about two years later. He was retired from LAFD when the trial occurred.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant, LA firemen committed assault and battery.

DEFENDANT'S CONTENTIONS: Defendant claimed that no assault and battery occurred--or it was only a minor incident-nothing more. They were only hugging, not having intercourse in the kitchen.

Settlement Discussions

Defendant offered $15,000. Plaintiff made a CCP 998 demand for $50,000.

Specials in Evidence

Meds: $17,000

Result

Plaintiff's verdict for $345,666: $5,666 in medical expenses, $40,000 for general damages, and $300,000 in punitive damages.

Deliberation

one day

Length

three days