Hyun Park v. Paulo Santucci
Published: Jul. 20, 2004 | Result Date: Mar. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: BCV06620 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Facts
Hyun Park, 53, self-employed owner of a truck stop, lived on rural property in Newberry Springs, south of Barstow, that adjoined that of Paulo Santucci, 73. Park sued Santucci, contending that Santucci had, for no apparent reason, intentionally assaulted and battered him by hitting him over the head with a shovel. Santucci contended that Park threatened him and his brother on their property three times within a five or six week period threatening to "make them disappear" and "kill them" unless they stopped landscaping and watering their property. On the third confrontation, Park allegedly shoved Santucci, threw a piece of fruit at him, then came at Santucci with a large rock. Santucci claimed that in self-defense, he placed a small shovel across his chest and that Park ran into the shovel. Park admitted under cross-examination that he had a temper, was on diabetes medication, that he suffered side-effects when he didn't take his medication, and that he had confronted Santucci and his brother on earlier occasions.
Settlement Discussions
The plaintiff demanded $50,000; the defendant offered $2,880.
Specials in Evidence
$2,880 Park waived any loss of earnings in exchange for not having to disclose his business income
Damages
$50,000
Injuries
Park claimed that he suffered bruising, abrasions and lacerations on his arm and torso. He went to an emergency room three days after the incident, and subsequently visited a chiropractor.
Result
The jury found for Santucci.
Other Information
The defendant was awarded costs of $3,500.
Deliberation
45 minutes
Poll
12-0
Length
four days
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