Barry O'Brien, Linda O'Brien v. Leonard Mitchell, Sharon Blake
Published: Jun. 21, 2008 | Result Date: May 22, 2008 | Filing Date: Jan. 1, 1900 |Case number: GIN056874 Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Daryoosh Khashayar
(Khashayar Law Group)
Defendant
Experts
Plaintiff
Thomas Velky
(medical)
Trenton Moyer
(medical)
Defendant
Marcella M. Wilson
(medical)
Facts
Plaintiff Barry O'Brien contended that on Aug. 9, 2006, he was attacked by defendants while walking with his wife, Linda O'Brien, on public property adjacent to the defendants' property.
The defendants contended that plaintiffs were intentionally trespassing on defendants' property to gain information supporting a separate lawsuit against the defendants and, when seen trespassing, Barry O'Brien, in hasty retreat, shoved Leonard Mitchell to the ground. The defendants also contended that plaintiffs were not injured in the incident and, if they were, it was their own doing.
Injuries
Barry O'Brien claimed he sustained an inguinal hernia from the incident, requiring surgery and causing post-traumatic stress disorder. Linda O'Brien claimed she suffered emotional distress from witnessing the attack on her husband.
Result
Defense verdict on all counts.
Other Information
FILING DATE: Nov. 6, 2006.
Deliberation
one hour
Poll
12-0 (on all counts)
Length
four days
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