Bryan C. Batts and Jane Kappel v. Charles W. Batts
Published: Jun. 26, 1999 | Result Date: Apr. 23, 1999 | Filing Date: Jan. 1, 1900 |Case number: C9601540 Verdict – $54,500
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Howard Mencher
(Law Offices of Howard Mencher)
Defendant
Experts
Plaintiff
Virginia Blacklidge
(medical)
Robert McIvor
(medical)
Defendant
Austin Hurst
(medical)
Facts
FACTS ACCORDING TO THE PLAINTIFF: In 1973, plaintiff Jane Kappel, married the defendant, Charles W. Batts. They had a son, plaintiff Bryan C. Batts. The defendant slammed Kappel's head into a wall on July 30, 1994. Because of the statute of limitations, no prior acts could be alleged regarding spousal abuse. Since approximately 1984, when the plaintiff was 6-7 years old, defendant Batts struck him repeatedly with his fist/hands, kicked him and was verbally abusive, referring to him in offensive homosexual terms. In July 1994, plaintiff Batts was struck in the head with a flashlight. In addition, the defendant would fly into sudden rages and on numerous occassions, would punch plaintiff Batts in the face over relatively insignificant issues. The defendant admitted that in January 1992, he got upset and put plaintiff over his knee and spanked him with both his open hand and then a shoe. Plaintiff Batts said he was beaten with the heel of the shoe in the head/hand area. Prior to this, he was beaten in the head area by defendant Batts with his fists. The plaintiff, Kappel, witnessed a portion of this incident. On occassions the defendant would punch him, knock him to the floor and kick him in the kidneys. In addition, there were ongoing fighting/wrestling matches and they would turn vicious/go out of control with the result that defendant Batts would beat up plaintiff Batts. Defendant Batts admitted these wrestling events/episodes but denied that any harm came to his son from this. The plaintiffs brought this action against the defendant based on assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress and malice/oppression/punitive damages.
Settlement Discussions
The plaintiffs made no settlement demand. The defendant made a C.C.P. º998 offer of compromise for $10,000 to each plaintiff. Although there were attempts to settle the case over the years, the plaintiffs wanted a jury trial decision.
Injuries
The plaintiffs suffered emotional distress from child and spousal abuse. Plaintiff Kappel left defendant Batts in 1995 and was divorced in 1997. Dr. Blacklidge, testified that plaintiff Batts needed approximately 100 to 150 visits of psychotherapy because of emotional distress inflicted by defendant Batts for child abuse and sexual taunting by using inappropriate, offensive homosexual terms.
Other Information
The verdict was reached approximately four years after the case was filed. An arbitration was held before Alfred Affinito resulting in a defense award. The plaintiff requested a trial de novo. During the trial, Judge Barbara Zuniga declared that there was a basis for a mistrial because of Dr. Blacklidge's reference to prior spousal abuse to plaintiff Kappel by defendant Batts, violating the ruling on the in limine motions. Judge Zuniga stated that she would review the verdict and rule on the mistrial motion after the trial. The Hon. Joyce Cram, mediated the case when she was a praticing attorney, but there was no settlement.
Deliberation
two days
Length
12 days
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