Facts

On Dec. 24, 2005, plaintiff Darrell Archer was shopping at the Vallejo Food 4 Less, a store operated by defendant Nugget Market Inc. There occurred a physical confrontation and altercation, which plaintiff alleged included store employees Tomas Martinez, Rodolfo Granados and Dwight Woodward.

In the first cause of action, plaintiff sued Nugget Markets Inc., for supervisory liability, alleging that Nugget Markets Inc., knew that it employed security employees at the Vallejo Food 4 Less who were prone to the use of excessive force and other wrongful conduct.

In the second cause of action, plaintiff sued Martinez, Granados, Woodward, and Nugget Markets Inc. alleging assault and battery.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was set upon by loss prevention personnel as he intervened in the apprehension of his adult son who was suspected of shoplifting. He claimed that he was battered, held and pepper sprayed, taken to the ground, kicked and choked.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff physically intervened in a theft investigation, that he struck loss prevention personnel, and that he had to the restrained using physical force and pepper spray.

Injuries

Plaintiff alleged that he has suffered black eye, loss of groceries, physical pain and mental suffering as a result of such wrongful conduct and seeks an award of damages. Defendants denied these allegations and alleged that plaintiff was not entitled to any award of damages.

Result

Verdict for $54,843 ($135 economic; $50,000 non-economic; $4,708 punitive). The jury found Granados 36 percent liable, Martinez 6.6 percent liable, Woodards 6.6 percent liable, Nugget Markets Inc. 18.3 percent liable, and plaintiff 32.5 percent liable.

Other Information

Defendant Nugget Market Inc.'s motion for nonsuit as to punitive damages was granted. FILING DATE: Dec. 11, 2007.

Deliberation

seven hours (liability phase), six hours (punitive phase)

Poll

9-3 (punitive damages)

Length

seven days (liability phase), 1.5 hours (punitive phase)