Case details
Plaintiff claimed company negligently staged robbery
SUMMARY
$360000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 29, 2011, plaintiff Kathy Lee, 54, an accounting clerk, was working the front counter of the West Kern Water District’s Taft office when she was involved in what she thought was a real robbery. Lee was approached by a man wearing a ski mask and sunglasses. She saw the man place a paper bag on the counter and on the bag was a handwritten message that read, “I have a gun. Put your money in the bag.” When Lee reached for a silent alarm, the man pounded on the counter and pointed to the message on the bag. As a result, she gave the man money, and he left. Lee claimed she believed the robbery to be real, but it was, in fact, a staged security exercise and the man in the ski mask and sunglasses was the district quality control manager, Gary Hamilton. Lee sued the West Kern Water District; the accounting supervisor, Ginny Miller; the safety manager, Sam Traffenstedt; the district quality control manager, Gary Hamilton; and the district general manager, Harry Starkey. Lee alleged that the defendants’ actions constituted assault and intentional infliction of emotional distress. Plaintiff’s counsel contended that the defendants were negligent in performing the staged robbery. The Taft Chief of Police testified that Lee could have suffered a heart attack or Hamilton could have been shot by someone who believed an actual robbery was occurring. Defense counsel contended that several robberies had occurred in the area in 2011 and that the training was supposed to prepare front counter staff in the situation. Counsel further contended that the district had planned to have, who they thought was, an easily recognizable employee involved in the mock robbery. However, supervisory employees of the district later changed the plan to include a mask and a reference to a gun., After the incident, Lee began shaking and crying hysterically, as she believed her life had been in danger. As a result, Lee claimed emotional distress and was unable to return to work for 3.5 months because she was allegedly in constant fear. She claimed she suffered from insomnia and experienced recurring nightmares when she did sleep. Lee was also diagnosed with post-traumatic stress disorder. The plaintiff’s treating physicians and her retained expert testified that Lee may have recurring episodes of the incident. Lee continues to work at the district office. She claimed she stayed in her position because she has not obtained a college degree and employment opportunities for someone with her experience are limited in the Taft area. Thus, she did not make a claim for economic damages.
COURT
Superior Court of Kern County, Kern, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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