William Payne v. Vons Companies
Published: Apr. 19, 1997 | Result Date: Mar. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 93K18545 – $137,500
Judge
Court
L.A. Municipal
Attorneys
Plaintiff
Martin L. Stanley
(Law Office of Martin L. Stanley)
Defendant
Donald G. Forgey
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Sondra Scott
(medical)
Defendant
John T. Hightower
(medical)
Facts
On Oct. 18, 1990, plaintiff William Payne, a 37-year-old screenwriter, went to the defendant Vons Market on Melrose and Vine. After entering the store, the plaintiff opened and began eating a candybar valued at $1.69. He continued shopping and purchased $32.00 in groceries, but did not pay for the candy bar. After the plaintiff left the store, the defendant's security guards approached the plaintiff with the half-eaten candybar. The plaintiff offered to pay for the candy bar. The plaintiff had approximately $40.00 on his person. The guards refused to allow the plaintiff to pay and instead ordered him into the storeroom in the back of the store. When the plaintiff refused to sign a form admitting that he had stolen the candy bar, he was handcuffed and placed under arrest. The police were called, and the plaintiff was taken to jail, fingerprinted and booked. The plaintiff posted bail about three hours later. No charges were ever filed by the city attorney. The plaintiff had never been arrested before or after the accident. The plaintiff brought this action against the defendant based on a false arrest theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $25,000. The defendant made a settlement offer of $500.
Specials in Evidence
$3,500
Damages
The plaintiff claimed damages of $190,000, including $7,500 in attorney's fees for the underlying criminal case that was never filed, $3,500 in psychiatry bills, as well as punitive damages.
Injuries
The plaintiff alleged he suffered emotional distress.
Other Information
The verdict was reached approximately five years and six months after the case was filed. An arbitration was held before Donald Black resulting in a defense award. The plaintiff requested a trial de novo. At the close of evidence, the court ruled that the punitive damage claim could not go to the jury because of insufficency of evidence. The plaintiff objected to the transfer from Superior to Municipal Court.
Deliberation
1+ days
Poll
9-3 (false arrest), 11-1 (damages)
Length
5 days
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