Facts

Plaintiff Joy Blanding and her companion were hiking in the Long Ridge Open Space Preserve. They came upon a sign that read "end of open space." They hiked 150 yards past the sign when they heard someone yell "can't you read" and then felt something hit them and whiz past. Defendant Ronald Marazzo resided on a property adjoining the Long Ridge Open Space (but defendant did not own the land where plaintiff was hiking). Defendant shot seven to ten rounds from a .12 or .20 gauge shot gun at plaintiff and her companion. Plaintiff was hit in the back of the neck in the area of C6-7. The shot gun pellet, a birdshot pellet which was fired from a distance of about 250 yds, did not penetrate plaintiff's skin.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged assault, battery, and intentional infliction of emotional distress. Plaintiff sought punitive damages.

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff's medical expenses were exaggerated. Defendant filed a cross-complaint for trespass and sought punitive damages.

Specials in Evidence

$18,437 $1,631 $6,120

Result

The case settled for $120,000.

Other Information

FILING DATE: Aug. 24, 2010.