Case details

Parties disputed details of parking lot altercation

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, personal injuries, psychological
FACTS
On July 2, 2012, plaintiffs Dale Ekstrom, a disabled veteran in his 40s, and Diane Ekstrom, an unemployed woman in her 40s, got into a verbal dispute with Rahelia Petian in a Sam’s Club parking lot in Fountain Valley. Petian was parked in a handicap spot, accompanied by two of her minor children, and was allegedly waiting for her other young child to finish using the store’s bathroom. Petian did not have a disability placard visible. As a result, Mrs. Ekstrom approached Petian to remind her that if she was going to park in a handicap spot, she should display her placard so as to not be cited. An argument then ensued. Petian ultimately decided to back her vehicle out of the spot. The Ekstroms then pull out of their own parking spot. However, the Ekstroms claimed that when they attempted to leave, Petian struck their vehicle. They also claimed that when Petian stopped for pedestrians in a crosswalk, Mr. Ekstrom got out of his car and tried to stop Petian from leaving, but in doing so, Petian struck Mr. Ekstrom with her car, knocking him to the ground. The Ekstroms sued Petian, alleging the defendant was negligent in the operation of her vehicle, causing an accident and their personal . Mr. Ekstrom settled with Petian for a waiver of costs, and the matter proceeded to an expedited jury trial on the issue of liability. Mrs. Ekstrom claimed that when she saw that Petian did not have a handicap placard, she approached Petian to remind her that if she was going to park in a handicap spot, she should display her placard so as to not be cited. However, she claimed that Petian became verbally combative, shouting profanities and telling her to mind her own business. Mrs. Ekstrom claimed Petian then backed her vehicle out of the handicap spot and blocked their vehicle in their own parking spot for several minutes before eventually moving her vehicle. She alleged that after they were able to pull out of the spot and they attempted to leave, Petian struck their vehicle and then attempted to flee the scene. The Ekstroms claimed that when Petian stopped at the crosswalk, Mr. Ekstrom got out of the car and tried to stop her from leaving, but that in doing so, Petian struck Mr. Ekstrom with her car and knocked him to the ground. Petian disputed the Ekstroms entire account of events. She testified that she had previously dropped her husband off to go into the Sam’s Club store and then parked her vehicle far from the entrance while she waited with her three minor children in the car. However, Petian claimed her daughter urgently needed to use the restroom, but she was unable to reach her husband on the phone, so she moved the car into a handicapped spot by the front door so that she could watch her daughter and ensure her safety while she used the restroom. She claimed the Ekstroms then began badgering her for occupying the handicap parking spot. Petian testified that when she tried to explain the situation, the Ekstroms became abusive and irate. Thus, she alleged that it was Mrs. Ekstrom that verbally accosted her, followed by Mr. Ekstrom becoming hostile and threatening, so much so that she began to fear for the safety of her children. Petian claimed that as a result, she backed out of the parking spot, drove to the end of the parking isle, and was turning left in front of the Sam’s Club when Mr. Ekstrom approached her vehicle while continuing to yell at her. She denied ever coming into contact with the Ekstrom vehicle as she exited the parking isle, and claimed that Mr. Ekstrom simply threw himself on the ground directly in front of her car and began to accuse her of striking him with her car. Defense counsel presented testimony from an independent eyewitness who corroborated Petian’s account of Mr. Ekstrom intentionally throwing himself to the ground in front of Petian’s vehicle. The defense’s accident reconstruction expert testified that the vehicle contact alleged by the Ekstroms was not consistent with the position or direction of the vehicles. He also opined that the damage alleged by the Ekstroms was not from vehicle contact and that the Ekstroms’ explanation of occupant kinematics was inconsistent with the alleged contact and lack of vehicle damage., The trial was bifurcated. Damages were not before the court. Before settling for a waiver of costs, Mr. Ekstrom claimed he suffered back and neck during the incident. Mrs. Ekstrom initially claimed that immediately after seeing what appeared to be her husband hit by Petian’s vehicle, she began experiencing chest pain. She claimed she was later admitted to a Veterans Affairs hospital for five days and treated for cardiomyopathy. Mrs. Ekstrom alleged that she later treated her condition with heart medication. Mrs. Ekrstom claimed that her heart condition is permanent and that she also suffered emotional distress from the incident.
COURT
Superior Court of Orange County, Santa Ana, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case