Facts

Duane Vyfhuis sued Academy Pointe Inc., Raul Osorio, Elias Rodriguez and Statewide Enterprises Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in May 2012, he was involved in an altercation with his apartment building's security guard, Elias Rodriguez. Plaintiff alleged that Rodriguez locked him in the laundry room, sprayed him with mace, and hit him. The police was called, but plaintiff eventually prevailed in a criminal trial involving the same incident. Plaintiff then sued Rodriguez, his employer, defendant Statewide, the owner of the building, defendant Academy Pointe, and the building manager, defendant Raul Osorio alleging claims for assault and battery, breach of contract, intentional infliction of emotional distress, malicious prosecution, and false imprisonment.

DEFENDANTS' CONTENTIONS:
Rodriguez claimed that plaintiff initiated the altercation, and that he only acted in self-defense.

Injuries

Vyfhuis claimed he sustained burn injuries to his face and emotional distress, which led to loss of sleep.

Result

The jury rendered a mix verdict, finding in favor of Vyfhuis on his negligence, assault, and false imprisonment claims against Rodriguez and his employer. The jury then found in favor of defendants on Vyfhuis' battery claim, and found defendants Academy Pointe and Osorio not negligent. Then, it determined Vyfhuis' damages totaled $16,000 plus punitive damages. The parties later agreed to settle the dispute for $25,000.

Other Information

FILING DATE: Dec. 14, 2012.