Case details
Plaintiff claimed tailor groped her during alteration
SUMMARY
$700000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
post-traumatic stress disorder, PTSD sexually assaulted
FACTS
On Dec. 6, 2012, the plaintiff, a 51-year-old woman, presented to Virginia Cleaners, in Berkeley, to have a dress altered. However, the woman claimed that during the alteration, the tailor, Tito Guerrero, reached his hand into her dress and fondled her breast, while complimenting her on her beauty. The plaintiff sued the operator of Virginia Cleaners, Samjung Corp. and Guerrero. The plaintiff alleged that Samjung Corp. was negligent in the hiring, training, supervision, and retention of Guerrero. She also alleged various intentional torts, including gender violence and sexual assault (Civil Code § 1708.5). Plaintiff’s counsel contended that during discovery and an investigation, it was revealed that the owner and manager knew that Guerrero had groped and/or sexually assaulted other females on the premises before he assaulted the plaintiff. However, counsel contended that even after the plaintiff’s incident, Guerrero was not terminated. Guerrero was judgment proof. The owner and manager of Samjung Corp. denied prior knowledge of Guerrero having similarly assaulted other women. However, plaintiff’s counsel contended that he obtained evidence to the contrary., The plaintiff claimed that she was sexually assaulted, causing her to develop emotional distress. The plaintiff’s retained psychology and psychiatry expert diagnosed the plaintiff with post-traumatic stress disorder. The plaintiff subsequently underwent several sessions of counseling, but her therapist was not well qualified to treat PTSD. Plaintiff’s counsel contended that the plaintiff was an “eggshell” plaintiff who had suffered abuse in the past. Thus, counsel contended that the subject incident retriggered the plaintiff’s past trauma, and caused the plaintiff’s feelings of distrust, betrayal, anxiety, and fear. Counsel also contended that as a result, the plaintiff avoids intimacy. Thus, the plaintiff sought recovery of compensatory and punitive damages.
COURT
Superior Court of Alameda County, Oakland, 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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