David Caesar v. Ani Pak Cruz
Published: Sep. 21, 2004 | Result Date: Apr. 20, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02CC14420 Verdict – $60,780
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Clyde Kitchen
(medical)
Fred Hurst
(medical)
Jack H. Florin
(medical)
Facts
On Dec. 25, 2001, David Caesar, 46, was playing golf with his 13-year-old son and his brother at Anaheim Hills Golf Course in Anaheim Hills. While on the fairway of the first hole, three golf balls from another group of golfers, including Ani Pak Cruz, landed in Caesar's vicinity, allegedly only feet away from his son. Caesar responded by getting into his golf cart and approaching the Cruz group to ask them not to hit their golf balls until Caesar's group was at a safe distance. Caesar claimed he made the request because his son was born hydrocephalic (a condition in which cerebrospinal fluid collects in the ventricles of the brain), and a golf ball striking his son's head could be life-threatening. Caesar claimed he stopped approximately 20 yards from the nearest member of the Cruz group. As he talked to them, Cruz aggressively moved toward him. He further claimed that when Cruz reached him, the bridge of his hat contacted Caesar's nose. Caesar then pushed Cruz, who then punched Caesar. Caesar was unconscious for about six to 10 seconds. The punch also broke Caesar's sunglasses and caused a laceration on his nose, as well as swelling around his right eye. Caesar claimed he got up and returned to his cart. He claimed that as he left, Cruz shouted profanities at him. Caesar called the police who took statements from Caesar, Cruz and all percipient witnesses. Caesar sued Cruz, alleging assault and battery. The defendant contended that the plaintiff was the aggressor, and that he punched him in self-defense. The defendant also disputed the nature and extent of the plaintiff's injuries.
Settlement Discussions
The plaintiff demanded $75,000; the defendant offered $10,000.
Specials in Evidence
$4,500 $16,280
Damages
$25,000 in past non-economic damages, and $15,000 in future non-economic damages.
Injuries
The plaintiff suffered facial lacerations, cervical strain, vitreous detachment with floaters in the right eye, and post traumatic migraine headaches.
Result
$60,780
Other Information
The parties engaged in voluntary mediation at Judicate West in Santa Ana and a mandatory settlement conference, but to no avail.
Deliberation
four hours
Poll
12-0
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390