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Personal Injury
Assault and Battery
Trespass

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

Bob Semnar

Daryoosh Khashayar
(Khashayar Law Group)


Defendant

Regan Furcolo


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


#92838

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