wendy kramer adr

ASSAULT AND BATTERY

Representative Cases

  • Auction: Plaintiff alleged that defendant assaulted him after an argument over irregularities during a rare coin auction. Defendant claimed self- defense presenting pictures of scratches, bruising and his torn shirt, and cross-complained against plaintiff’s employer. Plaintiff alleged permanent damage to his jaw resulting in TMJ; $34,000 in past medical bills; $18,000 for future surgery and indeterminate amount for future loss of earnings.

  • Security Guards/Nightclub: Security guards allegedly beat plaintiff outside a nightclub after plaintiff had been asked to leave due to an altercation within the club. Plaintiff sustained a fractured ankle requiring 2 surgeries, 6 pins and plates with alleged need for future surgery; $42,000 in past medical bills; $35,000 in loss of earnings and $25,000 for future surgical procedure.

  • Beach Assault: Plaintiff was assaulted with an oar during an argument over surfing turf at a local beach. Defendant had pled guilty to a misdemeanor and paid plaintiff damages for restitution. Plaintiff now pursued a civil suit against defendant. Initial demand high 6 figures.

  • Restaurant/Bar: Plaintiff was enjoying an alcohol-infused afternoon at a restaurant/bar watching a Laker playoff game. A male acquaintance and his female companion passed by and defendant allegedly made a comment about the young lady. A fracas erupted in which plaintiff was thrown to the ground and beaten by defendant and other patrons jumped into the fight. Plaintiff was transported to the hospital where he was diagnosed with multiple facial fractures, concussion, fractured ankle requiring surgical pinning and bruising. Plaintiff sued assaulter, restaurant and private security company. Over $50k in medical bills and need for future treatment.

  • Apartment Incident: Plaintiff attended a bbq at defendant’s apartment complex. On-site manager was present and policies required no alcohol in common areas. While guests were celebrating a soccer victory...a fight broke out. Plaintiff alleged the manager was involved in the assault. One of the assaulters shot at plaintiff with a BB gun, taking out his eye. Medical specials were $75k, past and future loss of earnings totaled $245k. (Plaintiff was terminated from 20 year job as employer believed he could no longer do the work.)

  • Street Vendor: Plaintiff became involved in an altercation with a street vender over a CD which he had allegedly inadvertently stepped on. As he was turning to get away from the assaulter, he stepped into a sidewalk grate which was allegedly not maintained properly, while continuing to be beaten by the vendor, fracturing his ankle and sustaining a concussion and other injuries. Specials were in excess of $300k. Initial demand 7 figures.

  • Security Guards: Plaintiff was allegedly shoplifting and when apprehended, beaten by security guards. Medical expenses of $25k, loss of past and future earnings $150k, psychological trauma.