Jeffrey Galant v. William McCaffrey
Published: Feb. 9, 2002 | Result Date: Oct. 26, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC061038 Bench Decision – $45,000
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Mark J. Leonardo
(Dordick Law Corporation)
Defendant
Ryan D. Saba
(Rosen Saba LLP)
Facts
On the evening of Friday, Dec. 3, 1999, plaintiff and defendant consumed alcohol at RebeccaÆs bar in Santa
Monica with their mutual friend. All three men were intoxicated and horse-playing around. The plaintiff does
not allege, nor did, a fight or altercation ever take place. Upon exiting RebeccaÆs bar at approximately 11:30
p.m., after one and one-half hours of drinking (and not eating), the three men began to walk to another bar.
While walking, all three men were horse-playing which ultimately resulted in plaintiff injuring his hand and
defendant injuring his back. Neither party had any knowledge that either party injured himself on the night of
the incident.
The plaintiff maintained that his hand was broken by the defendant during a physical encounter.
The defendant contended that the battery was consensual.
Settlement Discussions
The plaintiff offered to settle the case at a mandatory settlement conference for $12,000. The defendant offered $4,000. The plaintiff made a C.C.P. Section offer to compromise at $19,999 which the defendant did not accept.
Specials in Evidence
$9,616
Injuries
A fractured hand, scarring, pain and discomfort.
Other Information
The defendant has filed a notice of appeal.
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