Plaintiff, a 31-year-old African American tenant at the Springdale West Apartments, claimed that he was attacked by defendant’s security guards and repeatedly subjected to pepper spray, baton strikes and choke holds. After receiving emergency medical treatment at St. Mary’s hospital, plaintiff was charged with battery and spent six days in jail. Thereafter, the charges were dropped based upon insufficiency of the evidence. Plaintiff then sued the security guards, the property management company and the apartment complex for civil violations, racial discrimination, assault and battery, false arrest and intentional infliction of emotional distress. Defendant contended that plaintiff was uncooperative with the security guards when they attempted to disperse an unruly crowd and that plaintiff’s injuries were sustained when they were lawfully attempting to take him into custody.
Demand | $75,000 via CCP § 998, increased to $130,000 during trial. |
Offer | $7,501 via CCP § 998 |
Verdict | DEFENSE. Defense verdict following a four-week trial. Defendant filed a cost bill of $8,200. Plaintiff’s motion for new trial and motion for JNOV were denied. |
Insurer | Ward North America |