Myra Lashaun Jackson v. Michael A. Clark, International House of Pancakes
Published: Apr. 8, 2000 | Result Date: Jan. 20, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC161277 Verdict – $0
Facts
On June 1, 1996, plaintiff Myra Jackson was a customer at defendant IHOP. Michael Clark, an employee of IHOP, was working as a cashier/host.
The plaintiff claimed she was not seated at a booth for several minutes, then another 20 minutes passed before her order was taken. She claimed that during the time she waited there, Michael Clark passed by her booth on several occasions mumbling comments, which she thought were directed towards her.
When the bill was paid, she claimed that Michael Clark grabbed a check from her boyfriend. A verbal altercation occurred at the cash register, with the plaintiff claiming that the employee called her a ôbitch.ö Plaintiff in turn, called the employee a ôfaggot.ö
The altercation escalated into a physical confrontation on a public sidewalk outside the restaurant, leading to a fight between the employee and the plaintiff. Michael Clark was criminally prosecuted and pled no contest to a felony.
Settlement Discussions
The court granted a motion for summary judgment in fThe court granted a motion for summary judgment in favor of defendants on the employment issue of course and scope. However, the Court of Appeals reversed the trial courtÆs ruling and indicated there were triable issues regarding the course and scope of employment. At the time of trial, the employee was not a defendant, as he had never been served. At the JASOP conference, the plaintiff made a demand of $125,000; the defendant made an offer of $25,000. Immediately prior to trial, the judge attempted to discuss settlement, but no significant movement was made by either party.
Damages
At the time of the incident, the plaintiff was a clerk for the Bank of America and claimed one weekÆs lost wages from work. In addition, she had less than $1,000 in medical bills incurred to date. However, a plastic surgeon testified on her behalf, indicating an additional $2,500 would be necessary to revise the scar and minimize its appearance.
Injuries
The plaintiff claimed that she sustained a bite wound to the face, leading to a keloid scar. She originally received treatment in the emergency room where seven stitches were placed in her face. The plaintiff claimed the scar caused her emotional distress.
Deliberation
one day
Poll
10-2
Length
five days
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