Case details

Plaintiff claimed unprovoked punch fractured jaw

SUMMARY

$108925

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
face, fracture, jaw, nose
FACTS
On Feb. 5, 2010, plaintiff Christopher Rubal, 27, a lineman for Southern California Edison, was at Slidebar Rock-N-Roll Kitchen in Fullerton with a friend. While they were on the patio, Rubal was approached from behind and punched on the right side of his face by Chad Giampapa. As a result, Rubal’s jaw was fractured. Giampapa fled the scene and was later arrested after an altercation with the police. He claimed the punch was a case of mistaken identity, since he thought Rubal was someone else. Giampapa was convicted on charges for felony battery and resisting arrest. Rubal sued Giampapa for assault and battery. Giampapa conceded liability, and the matter proceeded to a bench trial on damages, where Giampapa appeared pro per., Rubal sustained a fractured jaw and was taken by his friend to an emergency room, where he was treated and released. Rubal ultimately underwent surgery and then had his jaw wired shut for six weeks. Rubal claimed that he has fully healed from his injury and suffers no major residual problems. Thus, he sought recovery of roughly $45,000 in damages for his past medical costs and $100,000 in damages for his pain and suffering. He also sought recovery of punitive damages. Giampapa, appearing pro per, disputed the amount of damages alleged, arguing that the injury was not that serious and that Rubal was fully healed. Giampapa also argued that Rubal’s claim for medical costs was too high.
COURT
Superior Court of Orange County, Santa Ana, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case