Phyllis Ray and Jesse Ray v. Henry's Marketplace, John Erler and Sara Ortiz
Published: Nov. 13, 1999 | Result Date: Jun. 5, 1999 | Filing Date: Jan. 1, 1900 |Case number: 720891 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
On June 1, 1997, plaintiff, a female, was shopping with her 11-year old son, co-plaintiff, at defendant, market, in El Cajon, California. Two defendant store employees saw the female plaintiff with a shopping basket containing body spray, hair conditioner and a large bottle of FAT BURNER vitamin pills. Shortly thereafter, plaintiff proceeded through the checkout line purchasing only a bottle of Snapple. The shopping basket was then found in the store containing the body spray and the hair conditioner, but not the FAT BURNERS. Defendant, male store employee, stopped plaintiff outside the store and asked whether plaintiff put the FAT BURNERS in her purse. Plaintiff denied taking the pills and went back into the store with the defendant, male, store employee. Female plaintiff showed defendant, male store employee that she had put the FAT BURNERS on the shelf in the soda pop aisle when she picked up the Snapple. There was a bottle of FAT BURNERS pills in the soda pop aisle next to the Snapple. Defendant, male store employee, took plaintiff, female, into the back office and called the police. An El Cajon officer arrived, Mirandized plaintiff, and then arrested her for petty theft of the FAT BURNERS. The DAÆs office pursued the petty theft prosecution against plaintiff for a short time before dismissing the charges for lack of evidence.
Settlement Discussions
The plaintiff issued a C.C.P. º998 demand for $80,000, prior to trial. The defense countered with $2,500 C.C.P. º998 offer.
Damages
Plaintiff, adult female, asserted stress-related injuries, including $6,000 in chiropractic treatment. Co-plaintiff, son, asserted emotional distress.
Other Information
Evidence of the plaintiffsÆ special damages was excluded in limine for lack of expert opinion on causation. After the court granted defendantsÆ motions for nonsuit to all causes of action in son, co-plaintiffÆs complaint and as to some causes of action in adult, female, plaintiffÆs complaint, only the remaining causes of action for false imprisonment and intentional infliction of emotional disstress were submitted to the jury.
Deliberation
one hour
Poll
12-0
Length
three days
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