Case details
Plaintiff claimed injuries from punch at Little League game
SUMMARY
$800678.15
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, head, neck, traumatic brain injury
FACTS
At around 6:30 p.m. on June 7, 2012, plaintiff Michael Bateman, 57, a chiropractor, was in Westlake Village when he witnessed an altercation between two young boys at a Little League championship game. One of the boys involved in the altercation was Lee Appleby’s son. As one of the boys’ mothers separated the two kids, an argument ensued between Appleby’s wife and the other boy’s mother. Bateman stepped in between the two mothers, and all witnesses agreed that Appleby’s wife began screaming repeatedly something along the lines of “Stop touching me. You’re hurting me.” As a result, Appleby ran toward his wife and struck Bateman once in the face. Bateman subsequently fell to the ground and allegedly sustained to his head, neck and back. Bateman sued Appleby. Bateman claimed that Appleby’s actions were unreasonable and constituted battery. Appleby testified that as he ran toward his wife, he could see Bateman holding onto his wife’s wrists and arms, while also pushing her back. Thus, he claimed that he was acting in self-defense of his wife and that he was reasonable in the amount of force used., Bateman was struck in the face and lost consciousness. As a result, he fell to the ground. Bateman regained consciousness at the scene, but he claimed that he sustained a concussion and sprains/strains to his neck and back. He was subsequently taken to Los Robles Hospital & Medical Center, in Thousand Oaks, where he was treated and released. Bateman claimed that he was placed on full disability by his treating doctors. He initially took one week off, but since he owned his own his chiropractic office, eventually returned to work for 13 months. However, he claimed he had to sell his business after 13 months due to his inability to perform his duties. Specifically, Bateman claimed that he could not perform chiropractic adjustments any longer and that he was not being effective as a treater to his patients. He also claimed that he was taking medications that were too strong and affected his ability to work properly. Defense counsel contended that at the hospital, Bateman’s Glasgow coma score was 15 out of 15 (normal) and his brain CT was also normal. Counsel also contended that no neuropsychological testing was ever conducted to determine the level of Bateman’s functioning and cognitive capacity. Thus, defense counsel argued that Bateman did not have any evidence of his alleged traumatic brain injury. The defense’s expert neurologist admitted that the alleged mild cognitive impairment did not impair Bateman from his usual and customary occupation. There was no direct testimony as to what Bateman’s disability was, the extent of it, if any, or what he could or could not do in his practice.
COURT
Superior Court of Los Angeles County, Van Nuys, 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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