Case details

Boyfriend’s ex-wife attacked her, plaintiff claimed

SUMMARY

$20000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
disfigurement, emotional distress, face, facial laceration, mental, nose, psychological, scar
FACTS
On Sept. 1, 2015, plaintiff Elihamira Hassizilon-Jackson, 21, a student at California State University, East Bay, reluctantly agreed to drop her boyfriend’s children off with the babysitter, since her boyfriend was not able to so. Hassizilon-Jackson was reluctant because she knew her boyfriend’s ex-wife, Tashonie Cooper, the mother of her boyfriend’s children, would be there. Copper had allegedly been hostile toward Hassizilon-Jackson due to her new relationship with Cooper’s ex-husband and due to Cooper not wanting Hassizilon-Jackson to have any contact with her children. When Hassizilon-Jackson arrived at the babysitter’s house, Cooper was there. A verbal exchange ensued, which turned violent. Hassizilon-Jackson sustained to her face. Hassizilon-Jackson sued Cooper, alleging that Cooper’s actions constituted battery and intentional infliction of emotional distress. Plaintiff’s counsel contended that when Hassizilon-Jackson arrived to drop the children off, Cooper reached into Hassizilon-Jackson’s vehicle and struck her. Counsel contended that Cooper then pulled at Hassizilon-Jackson while she was still in her vehicle and that Hassizilon-Jackson made attempts to fend off the attack. Counsel further contended that Cooper ultimately used a metal house key that was in her hand to slash Hassizilon-Jackson’s forehead. The babysitter gave a statement to the arriving police officers that allegedly corroborated Hassizilon-Jackson’s version of events, stating that the babysitter saw Cooper being the aggressor and Hassizilon-Jackson defending herself. However, the babysitter refused to appear at trial even though she was subpoenaed. No one else, except for the children, saw the attack. Plaintiff’s counsel noted that after the incident, and during litigation, Cooper texted Hassizilon-Jackson’s boyfriend and said that she did not regret anything. Hassizilon-Jackson’s boyfriend testified that Cooper had a fixation on Hassizilon-Jackson and that Cooper had sent him many emails that threatened to do harm to Hassizilon-Jackson. Cooper acted in pro per until trial. Defense counsel argued that Hassizilon-Jackson was the aggressor and that Cooper was only defending herself. Counsel noted that Cooper also reported the arriving police officers that Hassizilon-Jackson was the aggressor. However, plaintiff’s counsel attempted to impeach Cooper’s statement by presenting the babysitter’s statement to the arriving police., Hassizilon-Jackson sustained a laceration to her forehead, causing blood to be left at the scene. However, she did not go to a hospital or seek treatment for the physical injury. Hassizilon-Jackson claimed that she was left with a hairline scar and that she suffers from emotional distress as a result of the incident. Specifically, she claimed that, before the incident, she was prepared to take an exam at school, but due to the encounter, she did not do well. Hassizilon-Jackson claimed that her schooling was set back due to the encounter and that she did seek counseling for her emotional distress, as she would frequently cry about the incident. As result of the incident, Hassizilon-Jackson got a restraining order against Cooper. She alleged that while she was getting a temporary restraining order, she had to go to court four or five times on her own and through mediation. The restraining order against Cooper was ultimately granted just before trial. However, Hassizilon-Jackson claimed that Cooper had made contact with her, in violation of the restraining order. As a result, the District Attorney has filed criminal charges against Cooper for the alleged violation of the restraining order before the subject trial.
COURT
Superior Court of Alameda County, Hayward, CA

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