Case details

Defendants denied plaintiff was physically assaulted

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
arterial, hypertension, vascular
FACTS
On Dec. 20, 2011, plaintiff Nikko Jayo, 41, a security guard for King Security Services Inc., was visiting the office headquarters for King Security Services Inc., in San Francisco, when a supervisor, Sergey Gorokhovsky, asked him to sign a statement in relation to the termination of his position. Jayo claimed that when he refused to sign the statement, copied it and then put the copy in his backpack, several employees were summoned and physically assaulted and battered him. Jayo sued King Security Services Inc.; Gorokhovsky; and several other King Security employees, Franklin Mwangi, Robert Cathey and Michael Sugi. Jayo alleged that the defendants’ actions constituted assault and battery. King American Ambulance Co. was also initially named as a defendant. However, once it was determined that the ambulance company want not related to King Security, it was dismissed from the case. Jayo alleged that when he was at the company’s office headquarters, Gorokhovsky demanded that he sign a false statement as pretext for terminating him from his position. Jayo claimed that he refused to sign the false statement, copied it and put the copy in his backpack, but that several King Security employees were summoned to hold him while they rummaged through his backpack in an attempt to secure all copies of the false statement. He also claimed the employees punched and kicked him while they held him down, and then chased him into the street while loudly claiming to be police, which was not true. Thus, Jayo claimed that after he fled the premises, he called the police, but initially refused to make any report. However, he claimed that 15 or 20 minutes after the officer left, he called the police again, this time to request an ambulance. Jayo alleged that when the same officer arrived at the scene, he told the officer he had been assaulted and battered by King Security employees. Gorokhovsky admitted there was a tug of war over the copied document, but claimed he grabbed it from his desk, not from a backpack, because he thought it was a disciplinary report on another employee. He claimed that Jayo then grabbed him during the struggle over the document. Mwangi claimed he came out of his office and saw the struggle, so he attempted to get between them and told Jayo to get off of Gorokhovsky. Cathey and Sugi claimed that they then responded to the scene and grabbed Jayo’s arms because Jayo seemed like he was going to lunge at Gorokhovsky. The employees claimed that Cathey and Sugi ultimately escorted Jayo out of the building, but denied putting a hand on him while they escorted Jayo out. Thus, the King Security employees denied any assault and battery ever occurred, and claimed the only time they touched Jayo was to either break up the struggle or prevent Jayo from attacking Gorokhovsky. Defense counsel noted that when the police officer arrived at the scene, he attempted to interview Jayo, but that Jayo refused to make any report. Counsel also noted that the responding officer interviewed and obtained written reports from the four King Security employees, all who categorically denied any assault or battery had occurred., Jayo claimed he sustained several bruises as a result of the assault and battery, but that they did not leave any lasting impacts. He also claimed the incident caused him to suffer high blood pressure. Thus, Jayo sought recovery of unspecified damages.
COURT
Superior Court of San Francisco County, San Francisco, CA

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