Case details

Plaintiff claimed injuries and PTSD from ex-boyfriend’s assault

SUMMARY

$263000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
chest tightness, dizziness, fractured nose, head, heart palpitations, lightheadedness, nausea, pain, panic attacks characterized by shaking, shortness of breath, shoulders, stiffness neck, sweating
FACTS
On April 6, 2013, plaintiff Polline Dormayr, a college student and part-time waitress, was restrained by the person she had briefly dated, Christian Banerjee. Dormayr had a brief dating relationship with Banerjee between February 2013 and April 2013. However, on April 6, 2013, Banerjee restrained Dormayr against a building in Santa Monica and used his forehead to head-butt her face. The incident occurred in front of a crowd of spectators who intervened to pull Banerjee off of Dormayr, who had sustained to her face. Dormayr sued Banerjee, alleging that Banerjee’s actions constituted assault, battery, false imprisonment, domestic violence, and intentional infliction of emotional distress. Banerjee denied assaulting, battering and/or restraining Dormayr against her will., After arresting Banerjee for assault and battery, Santa Monica Police officers took Dormayr to the Emergency Department at Santa Monica UCLA Medical Center, in Santa Monica. Dormayr sustained a fractured nose, causing it to be obstructed and disfigured. She subsequently required reconstructive surgery. Dormayr also sustained bruising on her shoulders, where Banerjee physically restrained her, and bruising and swelling on the back of her head, where it contacted the wall after Banerjee allegedly head-butted-her. She also claimed pain and stiffness in her neck and shoulders from her head allegedly being thrusted backwards. On May 10, 2013, the court ordered Banerjee to pay for Dormayr’s surgery. However, according to plaintiff’s counsel, Banerjee maliciously refused to do so for one year, forcing Dormayr to live with her physical until she underwent surgery on April 2, 2014. A psychiatrist diagnosed Dormayr with post-traumatic stress disorder, panic disorder, and agoraphobia as a result of the attack. Dormayr claimed she began suffering from flashbacks of the traumatic event, distressing dreams, an exaggerated startle response, hyper-vigilance, and sleeping and concentration difficulties. She also claimed that she began suffering from panic attacks characterized by shaking, sweating, heart palpitations, chest tightness, shortness of breath, nausea, dizziness, and lightheadedness. Dormayr alleged that her symptoms caused her to withdraw from friends and family, and caused clinically significant impairment in her personal, social, and occupational functioning. She also alleged that she was unable to continue working and withdrew from college. Dormayr claimed that she continues to suffer from symptoms of PTSD, panic disorder, and agoraphobia. She also claimed that she remains unemployed and has not returned to college. Thus, Dormayr sought recovery of past and future medical expenses, and past and future lost earnings. She also sought recovery of damages for her past and future pain and suffering, and recovery of punitive damages, and statutory attorney fees and costs. Prior to the jury verdict, Banerjee paid Dormayr’s past medical expenses totaling $19,737.84. He also paid $2,700 for Dormayr’s lost earnings, and $4,275 for attorney fees and costs that Dormayr incurred in obtaining a five-year restraining order. Defense counsel denied that Dormayr suffered any mental or emotional arising from the attack. However, plaintiff’s counsel noted that the defense’s expert psychiatrist, who conducted Dormayr’s mental exam, prepared a report and testified at trial that she agreed with Dormayr’s PTSD diagnosis.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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