Yunuen Campos v. Kindred Healthcare Operating Inc. dba Kindred Hospital South Bay, John M. Kennedy M.D., John M. Kennedy M.D. Inc., and Does 1 through 50
Published: Apr. 2, 2016 | Result Date: Jun. 17, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC518446 Verdict – $200,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Frank A. Magnanimo
(Tharpe & Howell LLP)
Lauren A. Dean
(Magnanimo & Dean LLP)
Defendant
Mark M. Hathaway
(Hathaway Parker Inc.)
Facts
Plaintiff Yunuen Campos, a cardiac sonographer, sued defendant Kindred Healthcare Operating Inc. dba Kindred Hospital South Bay, after she was allegedly sexually assaulted by defendant John Kennedy, M.D. She settled with the Kindred-entity defendants. The trial proceeded against Dr. Kennedy alone, but ended in a mistrial.
Contentions
PLAINTIFF'S CONTENTIONS:
During retrial, Campos contended that Dr. Kennedy forced her against the wall and groped her body while she was delivering a report to him. She also claimed that he tried to push her into a nearby restroom, but that she managed to escape.
DEFENDANTS' CONTENTIONS:
Dr. Kennedy denied that he had ever touched Campos.
Result
The jury returned a verdict in plaintiff's favor, and awarded her $200,000 for her emotional distress but declined to award any punitive damages. The judge also awarded Campos $25,000 in statutory penalties. In addition, the court awarded plaintiff attorney fees and costs in the amount of $2,924,830.
Other Information
FILING DATE: Aug. 15, 2013.
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