Jane Doe v. Atallah Abdallah
Published: Aug. 24, 2013 | Result Date: Jun. 26, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2011-00513537 Verdict – $251,850
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
In July 2011, plaintiff Jane Doe alleges that defendant Atallah Abdallah, who was her business client, raped her. After accompanying defendant to a produce market which defendant claimed he was interested in purchasing, they returned to plaintiff's office, where plaintiff claimed she was ambushed and attacked in her conference room.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant had a pre-conceived plan to rape her, disguising his interest to purchase a produce market as a ploy to get plaintiff alone. After returning from seeing a market, defendant followed plaintiff into her office and immediately disrobed in the conference room without plaintiff's knowledge. When plaintiff went to see where defendant went and walked into the conference room, the defendant was standing naked with an erection. The defendant grabbed her, threw her onto the conference room table and raped her. Defendant pulled out a knife and placed it on the table. After raping her, defendant threatened plaintiff with the knife and warned her not to tell anyone.
DEFENDANT'S CONTENTIONS:
Defendant contended that the sexual intercourse was consensual. Defendant claimed that he had sexual relations with plaintiff two weeks before the alleged rape.
Defendant further claimed that plaintiff filed the sexual battery claim in order to gain leverage in a previously filed business dispute lawsuit over unpaid invoices. In the business case, plaintiff sued defendant and recovered approximately $280,000.
Settlement Discussions
Prior to trial, defendant made a CCP 998 offer to compromise for $50,000.
Damages
Plaintiff asked for $100 per day for the remainder of her life (44 years). Plaintiff waived any claim for economic damages.
Injuries
Plaintiff claimed past and future emotional distress.
Result
The jury returned a special verdict for plaintiff for $251,850.
Other Information
The defendant filed a motion for a new trial and a motion for judgment notwithstanding the verdict on Aug. 1, 2013.
Deliberation
three days
Length
five days
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