Case details

Defense disputed alleged assault by opposing attorney

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
face, mental, nose, psychological
FACTS
On July 1, 2014, plaintiff Jeannette Martello, a cosmetic surgeon, was in a downtown Los Angeles courtroom when she got into a dispute with her opposing counsel, Kristin Door, an attorney with the Department of Managed Health Care. Martello was previously accused of unlawfully billing her patients directly, even if they had insurance, and a judge was presiding over a hearing concerning a writ filed by Martello regarding her billing practices. Martello and Door eventually got into a dispute over whether the Department of Managed Health Care was properly served with the litigation. The judge told the two to go into the hallway to settle the dispute. Once they were in the hallway, Door asked Martello to see papers that allegedly showed proof of service. Martello claimed that Door threw the papers at her, which Martello claimed caused an injury to her face along with psychological . Martello sued Door, alleging assault and battery. Martello claimed that Door viciously threw papers into her face, causing an injury. Martello’s legal assistant witnessed the incident and corroborated her story. Martello also claimed that Door’s actions were so vicious and unforeseeable that they were outside the course and scope of her government employment. Door denied throwing the papers at Martello and, instead, maintained that she just dropped the papers to the floor. Another attorney who saw the alleged incident testified, supporting Door’s version of events. Defense counsel contended that Door was acting in the course of her employment with the government at the time of the alleged incident. Counsel contended that the supposed attack took place when Door was discussing the proof of service papers as part of her job duties. As a result, defense counsel argued that the lawsuit was invalid because Martello sued a state employee without filing a federal tort claim., Martello claimed she had immediate swelling and pain on her face as a result of the supposed attack. However, she did not seek medical attention. Martello claimed she is now afraid to confront lawyers because she fears another attack. She also claimed the stress from the incident led to emotional eating and high blood pressure. Martello sought recovery of damages for her past and future pain and suffering. She also sought punitive damages. Defense counsel disputed whether there was any swelling after the alleged assault. Counsel noted that Martello’s legal assistant testified to the presence of a red mark, but no swelling. Defense counsel further pointed out that Martello did not present any photos or other physical evidence of the alleged swelling. Counsel similarly argued that Martello presented no evidence of high blood pressure or weight gain. Both Door and the defense’s witness maintained that they saw Martello shortly after the alleged incident and that they did not notice any swelling. In addition, defense counsel pointed out that Martello did not receive any medical or psychological treatment after the supposed attack.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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