Samaie Hassan v. Norman Dela Cruz
Published: Aug. 18, 2012 | Result Date: May 10, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVMSC09-02153 Bench Decision – $15,000
Facts
Samaie Hassan, 75, worked at Kaiser Permanente in Walnut Creek as a medical assistant. Hassan was involved in an altercation with a coworker, Norman Dela Cruz, during which Dela Cruz struck Hassan in the jaw. Hassan filed a lawsuit against Dela Cruz.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant taunted him based on his stature and English skills, and that after exchanging words, Defendant hit Plaintiff in an uncalled-for physical act. Plaintiff alleged that Defendant battered him according to the California Elder Abuse Act given that Plaintiff was 30 years older than Defendant.
DEFENDANT'S CONTENTIONS:
Although Defendant conceded that he hit Plaintiff, Defendant claimed that Plaintiff head-butted him before he punched Plaintiff. Defendant alleged Plaintiff brought about the punch by provoking Defendant.
Damages
Plaintiff requested $20,000 in general damages and emotional distress.
Injuries
Plaintiff suffered a jaw contusion.
Result
The trial court awarded Plaintiff $15,000.
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