Facts

Plaintiff Marcella McSorley, a 39-year-old scientist, was a tenant in an apartment in Seal Beach. Her landlord was defendant John Doe, who also lived in the building. At the end of 2006, the plaintiff started looking for a new place to live.

On April 8, 2007, while plaintiff still resided in the building, an altercation occurred between her and defendant.

Plaintiff called the police and defendant was arrested and released later that day without bail. Defendant pled guilty to misdemeanor battery, did community service, and his record will be expunged at the end of the probation period.

Plaintiff filed suit against defendant for assault, battery, and intentional and negligent infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Between the end of 2006 and April 2007, the defendant felt that the plaintiff was not moving out of her apartment fast enough. He broke into the plaintiff's unit and threatened her with a 4x2.5 foot pick ax. After that day, plaintiff was terrified of defendant. Finally on April 8, 2007, while plaintiff was driving home, defendant telephoned her yelling obscenities and screaming for her to move out of the apartment. Upon arriving home, plaintiff went inside her apartment and noticed the power was out in the refrigerator and all of her utilities had been turned off. She went outside to talk with defendant who continued to yell obscenities and threaten her. She tried to get away but he forcefully grabbed both of her arms and twisted her left arm up behind her back. She got away and exited the gate into the driveway. She then noticed a block of wood behind the right rear tire of her car. Plaintiff told defendant to leave her alone and slid the wood away from her tire. She looked and saw defendant holding the wooden log in his right hand. He yelled, "Today is the day you die!" Defendant then threw the 2.5-pound block a distance of 15 to 20 feet and it struck plaintiff in the right rear portion of her head.

DEFENDANT'S CONTENTIONS:
Plaintiff agreed to move out in January 2007, but stayed on through April without looking for a new residence. Plaintiff avoided defendant and made excuses whenever he asked her when she would move out as she had advised him in December 2006 that she would do. On the date of the incident, plaintiff and defendant argued about why she had not moved out as agreed upon. After the argument ended, defendant tossed underhand a wooden plank over to a woodpile, which inadvertently hit plaintiff's head as plaintiff was walking away from the argument and stepped in line of the toss as she moved towards the gate to her back yard. Defendant denied that he ever threatened plaintiff verbally or brandished a pick ax at her and contended, instead, that plaintiff made these stories up. Defendant had information as to plaintiff's activities after her injury and treatment that were counter to her claims.

Specials in Evidence

$36,000

Injuries

The paramedics on the scene found plaintiff with a contusion. Plaintiff suffered blurred vision, dizziness, numbness, headaches, neck pain, back pain, and shooting pains and numbness down the right side of her body. The impact caused a 2-3 mm disc protrusion impinging on the thecal sac at L4-S1. She also suffered from anxiety, loss of sleep, weight gain and severe mental anguish over the incident. Plaintiff was once a competitive athlete in a variety of sports and enjoyed surfing, vigorous hiking, snow skiing, pilates and running.

Result

The case settled at mediation for $111,275 before Janet R. Fields Esq., of Judicate West.

Other Information

FILING DATE: Feb. 13, 2009.