Case details

Defendants claimed altercation with plaintiff never happened

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
back, injury, neck, rotator cuff, shoulder, sprains, strains, tear
FACTS
On Jan. 4, 2009, plaintiff Marbella Washington-Allen, 47, an unemployed beautician and a church board of trustee member, was at a service at Friendship Missionary Baptist Church in Long Beach when she was allegedly involved in an altercation with Eddie Richardson, deacon of the church. She claimed that Richardson pulled the offering plate away from her, and then put her in a headlock and dragged her outside of the church, where fellow board members, Jenny Williams and Susie Kemp, pushed and poked her. Washington-Allen claimed to her neck, back and right shoulder as a result of the incident. Washington-Allen sued Richardson, Williams and Kemp. She alleged that the defendants’ actions constituted assault and battery. The matter proceeded to a bench trial. Washington-Allen claimed that a few weeks before the alleged incident, her father, who had been long-time head of the church, passed away. She claimed that as a result of her father’s passing, there was tension between her and the defendants over who controlled the church, leading up to the incident. However, she claimed that she was still invited back to the church after the assault in order to attend the day’s board of trustees meeting, which was recorded on videotape. Richardson, Williams and Kemp denied ever assaulting Washington-Allen and claimed that her story of being dragged out of the church service was completely false. Defense counsel presented eyewitnesses from the service, all who claimed that no such assault had happened. Defense counsel contended that the videotape of the meeting showed that Washington-Allen was uninjured and acting normally, despite her claims that she was crying and distraught over the alleged assault. Counsel further contended that Washington-Allen called 911 during the meeting on her cell phone, instead of prior to the meeting as she claimed, which was also evident on the videotape., Washington-Allen went to her orthopedist one day after the date of loss and claimed to her neck, back, and right shoulder. She alleged she was diagnosed with strains and sprains to her neck and back, as well as a torn rotator cuff to her right, dominant shoulder. She claimed she continues to visit her orthopedist in order to monitor her . Washington-Allen claimed she still experiences pain in her right shoulder, for which she will require arthroscopic surgery. She further claimed that she treats with her physician (orthopedist/psychiatrist) for psychiatric suffered from the incident, for which she will require ongoing therapy. Thus, she claimed roughly $100,000 in damages for her total medical costs, as well as an unspecified amount for her pain and suffering. Defense counsel denied that the incident in question occurred and as such, argued that the plaintiff was owed zero damages. Counsel contended that even if the incident had occurred, Washington-Allen lacked medical proof of her in the form of consistent charts from her physician.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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