Michael Foust v. Sears Roebuck Inc.
Published: Feb. 9, 2002 | Result Date: Dec. 6, 2001 | Filing Date: Jan. 1, 1900 |Case number: 817095 Verdict – $30,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Houman Fakhimi
(Fakhimi & Associates)
Defendant
Daniel E. Kenney
(Harrington, Foxx, Dubrow & Canter LLP)
Experts
Plaintiff
Curtis Montgomery
(medical)
Defendant
Chadwick E. Smith
(medical)
Facts
The plaintiff was accused by the defendant of shoplifting. He was apprehended outside the store where there was
physical contact between the plaintiff and defendantÆs employees which resulted in the plaintiff sustaining knee
and back injuries.
Settlement Discussions
One year prior to trial, the defendant submitted a C.C.P. Section 998 offer of $25,000. At the trial, the defendant submitted a revised offer of $5,000. The plaintiffÆs final demand was $98,000.
Specials in Evidence
$18,996 $10,000 (for future knee surgery)
Injuries
The plaintiff allegedly suffered a torn meniscus in the left knee and herniations in his back.
Other Information
After an initial mistrial, the jury found that the defendantÆs employees had committed battery while attempting to detain the plaintiff whom they suspected of shoplifting. The jury also found that the defendant was negligent although negligence did not itself cause any injury to the plaintiff. On the issue of false imprisonment and intentional infliction of emotional distress, the jury found in favor of the defendant.
Deliberation
one day
Length
five days
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