Facts

Plaintiff Jennifer Marie Moritz, 30, filed suit against defendant Kathleen Marie Melton, 64, in connection with an altercation that occurred at defendants home.

PLAINTIFF'S CONTENTIONS:
Plaintiff Mortiz and her family attended defendant Melton's Easter party as invited guests. Plaintiff contended that, in the afternoon of the party, due to the degree of intoxication of defendant, plaintiff voluntarily began to leave the party. However, plaintiff claimed, as she was leaving, defendant confronted her about a comment plaintiff made about defendant's degree of intoxication. Plaintiff claimed that defendant threw wine onto her, slapped her, and pushed her. Plaintiff claimed this caused her to lose her balance, she then slipped on the wine that defendant had thrown, and fell to the ground, fracturing her ankle.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff's mother insulted and used foul language with defendant's sister. Plaintiff also used foul language at a family friendly party. Defendant asked plaintiff and her mother to leave. As plaintiff was leaving, plaintiff suddenly spun around in defendant's face, at which point defendant threw up her hands in a defensive motion, spilling wine from a glass she was holding on plaintiff in the process. Plaintiff then swung and struck defendant's grandson who interposed himself between the two women. Defendant's adult son then ran up and pulled plaintiff away. Plaintiff, a 300-pound woman, fell in the process.

Settlement Discussions

Plaintiff made a CCP 998 offer before the lawsuit was served for $300,000. Demand was increased during the pendency of the action, and then reduced to $275,000 just before the first trial date. Defendant made a CCP 998 offer of $75,000.

Specials in Evidence

$14,859 $34,900

Injuries

Plaintiff fractured and dislocated her ankle with open reduction, and internal fixation required. Plaintiff claimed that traumatic arthritis resulted. Both orthopedic surgeons agreed that fusion would be required in future.

Result

Plaintiff's verdict on battery, premises liability, and negligence causes of actions. Plaintiff was awarded $49,758.95 in economic damages and $60,000 in non-economic damages on the premises liability and negligence causes of action.

Other Information

FILING DATE: March 6, 2013.

Deliberation

six hours

Length

eight days