Case details

Plaintiff claimed neck, back and dental injuries from fight





Result type

Not present

back, dental, fracture, head, headaches, neck, teeth., tooth
On May 29, 2011, at approximately 2:30 a.m., plaintiff Joseph Nasca, a computer engineer in his 30s, was involved in a physical altercation with Stefan McKellar and Cory Segall outside of a bar in the Gaslamp Quarter of downtown San Diego. Nasca claimed McKellar was harassing his two sisters, Jessica Nasca and Nicole Raiwski, outside the bar, which resulted in him being physically assaulted by McKellar and Segall, and sustain to his neck, back and teeth. Mr. Nasca sued McKellar and Segall. Mr. Nasca alleged that the defendants’ actions constituted assault and battery, and general negligence. Cross-claims were filed between the parties, including claims filed by and against Mr. Nasca’s sisters. However, the claims against Mr. Nasca’s sisters were all ultimately dismissed, and Segall settled with Mr. Nasca for $25,000 early in the proceedings. Thus, the matter proceeded to a bench trial between Mr. Nasca and McKellar only. Mr. Nasca claimed that he approached McKellar after he saw him harassing his sisters and putting his arm around one of them. He alleged McKellar initiated the fight by knocking him to the ground and then beating his head into the pavement while Segall kicked him in the side. McKellar disputed Mr. Nasca’s account of the altercation. He claimed that he was only talking to Mr. Nasca’s sisters, did not touch either of them, and backed off since they were not interested. McKellar also claimed that it was Mr. Nasca who initiated the fight and that he got on top of Mr. Nasca in an attempt to stop the fight. He further claimed that he and Mr. Nasca hugged after the fight and made peace and that the fight constituted mutual combat between intoxicated individuals., On the evening after the incident, Mr. Nasca went to an emergency room, where he complained of neck and back pain, as well as headaches. He then went to a dentist 19 days after the incident to have a fractured tooth extracted and replaced. Mr. Nasca claimed he needed braces due to the dental he suffered in the fight. Mr. Nasca claimed he fully healed from his by the time of trial. However, he claimed emotional distress from the altercation, in that it affected his social and relationship life. Thus, Mr. Nasca sought recovery of $16,312 in past medical costs and $75,000 in general damages. McKellar’s counsel disputed Mr. Nasca’s alleged and damages, arguing that all of Mr. Nasca’s alleged were unrelated to the altercation. Counsel also argued that Mr. Nasca did not complain about any teeth at the emergency room and that Mr. Nasca’s E.R. visit was more related to drinking too much alcohol, which was the cause of Mr. Nasca’s headaches and body aches.
Superior Court of San Diego County, San Diego, CA

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