Medina v. Cooke
Published: Apr. 19, 2001 | Result Date: Mar. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: 405918 Verdict – $50,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Facts
According to the plaintiff: On the night of Feb. 3, 1998, plaintiffs Richard Medina and Randy Piccinini, both
employed in the Streets Division for the city of Daly City were called out to Crocker Avenue to remove a
massive mudslide blocking the street. The slide had been triggered by an El Nino rainstorm.
William Cooke, an off-duty San Francisco police officer who had been drinking, became upset because some
of the silt and water from the slide went down his driveway. He attacked Medina, first with a shovel and then
with his fists.
In attempting to defend himself, Medina sustained further injuries, including injuries to his back and left ankle.
While attempting to break up the fight, Piccinini was kicked by Debbie Cooke and sprayed in the face with the
high pressure nozzle of a garden hose. Debbie Cooke was then pulled away, and fell down in the silt and mud.
Plaintiff Medina contended that he was battered by defendant William Cooke. Plaintiff Piccinini contended
that he was battered by defendants William and Debbie Cooke.
According to the defendant: Plaintiff Medina claimed that William Cooke, who was upset that water was
breaching his driveway, attacked him with a shovel and then with a right punch. In attempting to defend
himself, he claimed he sustained injuries to his ankle, back and face. Medina was treated and then awarded
permanent disability for injury to his ankle and back.
On July 9, 1999, Medina stepped into a debris pile and injured his ankle requiring surgery. At trial, Medina
claimed that his ankle was weakened in the prior incident which gave rise to his subsequent injury which
resulted in a surgery. Cross-complainant William Cooke claimed that while he was push brooming water and a
mud off his property, the broom and mud struck MedinaÆs boots. Medina then struck him with a shovel in a
horizontal fashion on the bridge of his nose.
Cross-complainant Debbie Cooke claimed that Medina threw her to the ground while she was stopping
Piccinini from holding her husbandÆs face down in the mud.
Settlement Discussions
The plaintiffsÆ last pretrial demand was $75,000. The defendantsÆ last pretrial offer was $10,000. Randy Piccinini was offered nuisance value to drop his claim, which he accepted.
Specials in Evidence
For Feb. 3, 1999 injury: $5,693 (medical; $17,437 (temporary disability). For July 9, 1999 injury: $17,304 (medicals); $15,877 (temporary disability with additional disability to be determined with a low of $715 and a high of $11,637.
Injuries
Medina claimed injuries to his ankle, neck, back and abrasion to his face. He reinjured his ankle on July 9, 1999 which resulted in a surgery.
Other Information
<P>Motion for judgment notwithstanding the verdict, motion to vacate a portion of the judgment and a motion for a new trial made by defendant.</P>
Deliberation
two hours
Poll
9-3 (malice and oppresion) but did not award punitive damages
Length
5.5 days
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