Case details
Condo security failed to stop abuse from husband, wife alleged
SUMMARY
$175000
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
anxiety, arm, back, bruise, chest, face, jaw, leg, mental, neck, nose, psychological
FACTS
On June 18, 2013, plaintiff Maya Di Napoli, 40, was allegedly physically assaulted by her husband, Antonio Di Napoli, at their condominium unit, located at Four Seasons Residences, in San Francisco. Ms. Di Napoli claimed that she yelled and screamed for help, but that none of the security officers in the building came to assist her. She claimed her husband also assaulted her the next day, but that, again, none of the security officers responded to her screams for help. Ms. Di Napoli claimed that she eventually escaped her unit and reached the downstairs lobby, but that a security guard in the lobby did nothing to help her or intervene in the situation. Ms. Di Napoli alleged that, later, her husband appeared threatening and verbally abused her in front of their 11-year-old son during a drive home from Disneyland on Oct. 20, 2013. Ms. Di Napoli was ultimately granted a three-year domestic violence restraining order against her husband. As a condition of his probation, Mr. Di Napoli pleaded guilty to a misdemeanor violation of false imprisonment, and Ms. Di Napoli was granted a 10-year criminal protective order against Mr. Di Napoli. Ms. Di Napoli sued Mr. Di Napoli; the owners of the condo unit, Four Seasons Hotels Limited, Millennium Partners San Francisco Management LLC and Millennium Partners, LLC; and a family friend, Anna Gatti. Ms. Di Napoli alleged that Mr. Di Napoli’s actions constituted assault and battery, intentional infliction of emotional distress, and false imprisonment. She also alleged that the actions or inaction of Four Seasons Hotels, Millennium Partners San Francisco Management and Millennium Partners constituted a breach of contract. In addition, Ms. Di Napoli alleged that Gatti failed to help her and that Gatti’s actions constituted an intentional infliction of emotional distress and negligence. Ms. Di Napoli claimed that her husband punched, shoved, kicked and beat her on June 18, 2013, and June 19, 2013. She also claimed that on Oct. 20, 2013, Mr. Di Napoli pounded on the dashboard and steering wheel, as well as verbally abused and screamed at her, while she was driving home from Disneyland while he and their 11-year-old son were passengers. In regard to the owners of the condominium unit, Ms. Di Napoli claimed that, based on the service guide provided by the owners of the condominium unit, she was promised 24-hour security and that the security staff would deal with resident relations and crime prevention. However, she claimed that none of the security officers in the building came to assist her, despite her yells and screams for help on June 18, 2013, and June 19, 2013. She also claimed that when she eventually escaped her unit and reached the downstairs lobby, the security guard in the lobby did nothing to help her and did not intervene when Mr. Di Napoli started to pull at her and demand she return to their unit. In addition, Ms. Di Napoli alleged that Gatti claimed to be her friend, but that, instead, Gatti assisted Mr. Di Napoli in his criminal case and failed to help her throughout the time Gatti knew of the abuse. Gatti was ultimately dismissed from the case, and Four Seasons Hotels, Millennium Partners San Francisco Management and Millennium Partners agreed to settle with Ms. Di Napoli for an undisclosed amount. The matter then continued against Mr. Di Napoli only., On June 20, 2013, Ms. Di Napoli presented to a hospital with contusions and bruising over her left parietal scalp and the left side of her face, cheek and jaw. She also had ecchymotic lesions, or strangle-type , to her anterior neck bilaterally, as well as contusions and bruising of her right, upper humerus; right forearm; anterior chest; left, lower leg; and multiple areas of her back. Ms. Di Napoli claimed that she was eventually diagnosed with anxiety and post-traumatic stress disorder. She was prescribed Xanax to treat her anxiety and was also treated for her PTSD. Ms. Di Napoli sought recovery for her past and future physical and emotional pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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