Facts

The plaintiff was assaulted by a tow truck operator when they attempted to tow a vehicle from the apartment complex where the plaintiff lived. The tow truck company was at the apartment complex pursuant to an agreement entered between the resident manager and tow truck company.

PLAINTIFF’S CONTENTIONS:
The plaintiff alleged that apartment owners and management company were liable for assault and battery based on vicarious liability. The plaintiff also alleged negligence against apartment owners and management company for negligent hiring of tow truck company. The plaintiff also claimed that Vehicle Code 22658 was violated because a separate written authorization for the tow was not obtained prior to the commencement of the tow and that the resident manager was required to be present prior to the tow. The plaintiff also alleged civil rights claims under Bane Act and Ralph Act alleging that beating was motivated by her sex. As a result of the assault and battery, the plaintiff alleged peripheral vision loss, migraine headaches and scarring on her scalp and forehead.

DEFENDANT’S CONTENTIONS:
The defendants contended that the tow operators were acting outside the course and scope of the agreement that allowed them to tow vehicles without permits. The defendants further contended that tow truck company had provided services for nine months without incident. As for Bane Act and Ralph Act, the defendants denied that assault was motivated by plaintiff's sex because the plaintiff's boyfriend was also involved in the altercation with tow truck drivers. The defendants also contended that there was compliance with the Vehicle Code. The defendants disputed plaintiff's claimed injuries other than scar on her scalp and forehead.

Settlement Discussions

The plaintiff demanded $970,000 prior to trial. The defendants offered $50,000 prior to trial. The defendant offered $175,000 prior to punitive damages phase.

Result

The property owner found liable for assault and battery causes of action only. The plaintiff was awarded $108,000 in past non-economic damages and zero for future non-economic damages. The jury found clear and convincing evidence of malice on the part of the tow truck operators and further found that the property owner had authorized the conduct. The plaintiff was nonsuited on punitive damages.

Deliberation

3.5 hours

Length

10 days