Case details
Plaintiff claimed emotional distress from assault and arrest
SUMMARY
$25000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 30, 2012, plaintiff Duane Vyfhuis, an actor in his 30s, was involved in a dispute with security guard Elias Rodriguez at an apartment complex in North Hollywood, where Vyfhuis was a tenant. While in the laundry room, Vyfhuis and Rodriguez got into an altercation, during which Rodriguez sprayed mace in Vyfhuis’ eyes and Vyfhuis struck Rodriguez, allegedly him. Rodriguez, who did not speak English, told building management that Vyfhuis was the aggressor. As a result, management reported the incident to the police. However, Vyfhuis won a criminal trial on the matter. Vyfhuis sued Rodriguez; Rodriguez’s employer, Statewide Enterprises Inc.; the owner of the apartment building, Academy Pointe Inc.; and the building manager, Raul Osorio. Vyfhuis alleged that the defendants’ action constituted false imprisonment, malicious prosecution, intentional infliction of emotional distress, breach of contract, and assault and battery. Vyfhuis claimed that Rodriguez locked him inside the laundry room from the outside because he did not leave the laundry room after his clothes were finished drying. Vyfhuis claimed that when he tried to get outside of the room, Rodriguez sprayed him with mace and that due to his vision being obstructed from the mace, he began to flail his arms, causing Rodriguez to be injured. Defense counsel contended that Vyfhuis was the aggressor and that Rodriguez acted in self-defense., Vyfhuis claimed he sustained pepper spray burns to his face, which he treated at home after he was released from jail. He also claimed he suffered emotional distress as a result of the incident at the apartment complex and as a result of being arrested. Vyfhuis claimed that for a period of time, he had problems sleeping at night as a result of his emotional distress. However, he claimed that his condition is currently resolved. Thus, Vyfhuis sought recovery of damages for his emotional distress and pepper spray burns.
COURT
Superior Court of Los Angeles County, Glendale, 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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