Case details

Plaintiff claimed conflict with neighbor led to emotional distress

SUMMARY

$100000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, face, lip, mental, nose, psychological
FACTS
On May 11, 2016, plaintiff Randal Jay Solsma, a self-employed 56 year old, was involved in a confrontation with his neighbor of around seven years, James Hundley. Solsma claimed that Hundley had been verbally and physically attacking him for years, causing him emotional damage, and that on day of May 11, 2016, the confrontation resulted in Hundley hitting him in the face with hedge shears and cutting his lip. Following the May 2016 incident, Hundley was charged in criminal court with assault with a deadly weapon. He was found guilty in February 2017, but he was not sentenced to jail time. Solsma then brought a civil action against Hundley, alleging assault, battery, and intentional infliction of emotional distress. Solsma claimed that he originally got along with Hundley, but that in 2011, a fence between their yards rotted and collapsed. He claimed Hundley blamed him for the incident and then refused to pay for half of the cost of a new fence, as is customary. Solsma said that since that point, Hundley had been tormenting him, and would bully and mock him and his family whenever he was in his yard. Solsma further claimed that Hundley attacked him physically in two prior incidents and that the police were called both times, but the cases were never pursued. The May 2016 attack was witnessed by another neighbor from across the street. The neighbor testified about the incident and Solsma presented videos showing Hundley taunting him and calling him names. Hundley repeatedly denied Solsma’s allegations and claimed that even if he did attack Solsma, it was Solsma’s own fault for putting himself in that situation., Solsma suffered a laceration to his lip during the May 11, 2016 confrontation. However, he claimed he primarily suffered from emotional distress as a result of Hundley’s actions. Specifically, Solsma alleged that his conflict with Hundley caused him added stress and led to a lack of sleep. He also alleged that he suffered a loss of enjoyment of life and that he started seeing a psychologist as a result of the ordeal. Thus, Solsma sought recovery of damages for past and future noneconomic loss. Defense counsel maintained that Solsma wasn’t seriously harmed by Hundley.
COURT
Superior Court of San Diego County, Vista, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case