Case details

Defendant claimed he punched plaintiff in self-defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
impairment, sensory, speech, tinnitus, vertigo, vision
FACTS
On Nov. 19, 2008, plaintiff Stanley Mieszala, 69, an office manager at Lassen Pines Mutual Water Co. in Shingletown, was working at the water company when he became involved in an altercation with George McLeod. Mieszala claimed that his sexual orientation was a substantial motivating factor in the altercation. Mieszala sued McLeod, Lassen Pines Mutual Water Co., and the company’s entire board of directors. Mieszala alleged that McLeod’s actions constituted battery and sexual orientation discrimination in violation of the Ralph Civil Rights Act, Civil Code § 51.7 (hate violence). He also alleged that the actions of the water company and its board of directors constituted defamation and slander of title. Prior to trial, the defamation and slander claims were dismissed, and the water company and its board of directors were let out of the case pursuant to a settlement with Mieszala. Mieszala claimed that he became the victim of a brutal beating when McLeod punched him 40 to 50 times in the head and upper body area. He also claimed that McLeod kicked twice in the abdomen and back, and called a “f-ggot” during the altercation. McLeod claimed that he was attacked by Mieszala and that he punched Mieszala three times in the face area in order to defend himself against being attacked. However, he denied kicking Mieszala or calling him any derogatory names. In response to Mieszala’s claim of the beating being “brutal,” McLeod noted that he had no to his hands as a result of the altercation., Mieszala alleged bruises, contusions, blurred vision, neck pain, vertigo, tinnitus, shoulder pain, incontinence, and post-traumatic stress disorder as a result of the altercation. He subsequently underwent three surgeries with respect to his incontinence issues. He also received cervical injections for his neck pain and had over 100 visits with a neuropsychologist for treatment of his PTSD. Mieszala also alleged that he had to miss work during his recovery from his . Plaintiff’s counsel asked the jury to award Mieszala approximately $1.1 million in damages, including approximately $188,000 in paid medical expenses, $42,000 in lost wages, and $900,000 for past and future pain and suffering. Mieszala also sought punitive damages and attorney fees.
COURT
Superior Court of Shasta County, Redding, CA

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