Case details
Defense: Patron had to be restrained after attempted theft
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
bruise, chest, depression, emotional distress, head, headaches neck, mental, psychological
FACTS
On Dec. 11, 2014, plaintiff Robert Patterson, 37, was at ZY Oil, a gas station in Compton, when he got into a disagreement and scuffle with the owner of the store, Mohamed El Shahawy, about the amount of cash paid for a gas purchase. Patterson was eventually held down by El Shahawy and a cashier at the store, Mohamed El Bialy, causing Patterson to call out for a nearby mechanic to call 9-1-1. The police arrived, separated all the parties and interviewed each person involved. Patterson was ultimately arrested for strong-arm robbery and jailed. He was acquitted a few months later during his criminal trial. Patterson sued El Bialy; El Shahawy; another person allegedly involved during the altercation, Mohamed Asshey; and the operator of ZY Oil, EIH Real Estate Investment LLC. Patterson alleged that the actions of the individual defendants constituted assault and battery, false imprisonment, intentional infliction of emotional distress, and malicious prosecution, as El Bialy and El Shahawy gave statements and testified against him. Patterson also alleged that EIH Real Estate Investment were liable for its employees’ actions. The matter ultimately continued against El Bialy and El Shahawy only. Patterson claimed that after he complained about being shortchanged a few dollars for the gas he paid at the pump, El Shahawy and El Bialy got aggressive and threatened him. He also claimed that when he tried to leave, El Shahawy and El Bialy wrongfully restrained him. Defense counsel contended that Patterson was upset about allegedly being shortchanged on gas and continued to get aggressive with El Shahawy and El Bialy. Counsel also contended that El Shahawy and El Bialy restrained Patterson because Patterson grabbed a whole package of cigarettes as he tried to leave the store., Patterson claimed that as a result of the altercation, he suffered contusions, bruising of his ribs, and pain to his neck, back, chest, abdomen, a shoulder and an eye. He also claimed he sustained an injury to the thumb on his right hand. In addition, he claimed that following the altercation and subsequent jail time, he suffered from headaches, depression and emotional distress. Patterson sought recovery of damages for his past and future physical and emotional pain and suffering. He also sought recovery of punitive damages. Plaintiff’s counsel asked the jury to award Patterson $350,000 in total damages.
COURT
Superior Court of Los Angeles County, Santa Monica, 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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