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Torts
Sexual Assault

Grasso v. Sushi Zen, Seung Lee, et al.

Published: May 18, 2013 | Result Date: Apr. 22, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 110 CV 166865 Verdict –  $2,375,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Paul Van Der Walde
(Caputo & Van Der Walde LLP)


Defendant

Victor Simon


Facts

Plaintiff filed a suit claiming the owner and an employee of Sushi Zen Restaurant allegedly sexually assaulted her by means of an intoxicating, anesthetic agent or controlled substance while at the restaurant after hours.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she was sexually assaulted by defendants and sustained post-traumatic stress disorder as a result of the assault.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff consented to defendants' conduct and only sustained an anxiety disorder if in fact she was assaulted.

Specials in Evidence

$25,000

Injuries

The plaintiff claimed post-traumatic stress disorder with no psychiatric treatment as of the time of trial.

Result

Plaintiff's verdict for $2,375,000 ($1.275 million in compensatory damages; $1.1 million in punitive damages).

Other Information

On April 30, 2013, defendant filed a motion for a new trial on the issue of punitive damages, which is set for hearing on May 24, 2013.

Deliberation

three hours

Length

five days


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