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					 1   JOHN J. DURAN, State Bar No. 133166
                                                                           aAN`Mo   Q
                                                                                    &
     CRAIG F. CHARLES, State Bar No.275516
 2   THE DURAN LAW GROUP                                                   OCT     4 2012
     A PROFESSIONAL CORPORATION
 3                                                                      Clerk of   pe
     9200 W. Sunset Boulevard, Penthouse 2                                                  urt

     West Hollywood, California 90069 3601
                                      -                              183v—
 4                                                                                 et
                4        -
     Telephone: ( 24)777 0007
          3        -
     Fax: ( 23)417 4928
 5

 6   Attorney for Plaintiff
     DIMITRI GEIER
 7

 8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                                FOR THE COUNTY OF SAN MATEO

10

11   DIMITRI GEIER,                                           QV 5 17 5 8 2
                                                       CASE NO.:
12    Plaintiff,
                                                       COMPLAINT FOR DAMAGES FOR
13

14                                                         1. ASSAULT
     VS.
                                                          2. BATTERY
15                                                        3. FALSE IMPRISONMENT
                                                          4. INTENTIONAL INFLICTION OF
16   KWAME HARRIS,                                           EMOTIONAL DISTRESS

17                                                        5. NEGLIGENCE
      Defendant,
                                                          6. NEGLIGENT INFLICTION OF
18                                                           EMOTIONAL DISTRESS

19

20

21
                                                       Date:
                                                              3   m
                                                       Time: 8:0 a. .
22
                                                       Dept:
23

24
            COMES NOW, Plaintiff, DIMITRI GEIER, and complains of Defendant, KWAME
25   HARRIS, an Individual,as follows:
26                                     GENERAL ALLEGATIONS

27
           1. Plaintiff DIMITRI GEIER is at all items herein mentioned a competent adult.
28
           2. All of the below mentioned facts, events and allegations occurred in the City of Menlo
                                                      1
                                     PLAINTIFF" COMPLAINT FOR DAMAGES
                                              S
 1         Park, within the County of San Mateo. Therefore, venue is proper in this Court because
 2         injury to the Plaintiff's person occurred within the Court's jurisdictional area.

 3

 4                                    FACTUAL BACKGROUND

 5                                                        m Plaintiff met with Defendant at Su
      3. On or about August 21, 2012, at approximately 3 p. .,

 6         Hong restaurant in Menlo Park, California.
 7    4. The intent of the meeting was to have dinner and to have Defendant drive Plaintiff to the

 8         San Francisco Airport.

 9    5. During dinner, Plaintiff put soy sauce on a plate of rice, which upset Defendant.

10         Defendant argued with Plaintiff over the incident for approximately seven minutes and

11         then proceeded to exit the restaurant. Plaintiff stayed inside the restaurant and continued

12         eating.

13    6. A few minutes later, Defendant returned and informed Plaintiff he would not drive him to

14         the airport and informed Plaintiff that he was going to throw Plaintiff's belongings out of

15             D           car.
           his ( efendant's)

16    7. Plaintiff agreed to take a cab to the airport and informed Defendant that he would remove

17         his belongings from Defendant's car.

18    8.   While exiting the restaurant, Defendant began to push Plaintiff and tried to pull Plaintiff's

19                                                        D           underwear.
           pants down, accusing Plaintiff of stealing his ( efendant's)
20    9. Plaintiff tried to leave the restaurant and Defendant followed Plaintiff into the parking lot

21         outside, where the Defendant continued to push Plaintiff and attempted to pull Plaintiff s

22         pants down.

23    10. Plaintiff attempted to push Defendant away, but because he is much smaller than

24         Defendant, he was unsuccessful. Defendant continued to push Plaintiff and then grabbed

25.        Plaintiff by the front of Plaintiff s shirt, shaking him violently and punching Plaintiff in

26         both arms.

27    11. Plaintiff, in an attempt to break free from Defendant, tried to swing his arms at

28         Defendant's face. He made contact with Defendant's face approximately three times, but

                                                     2
                                   PLAINTIFF S COMPLAINT FOR DAMAGES
                                             "
 1      the Defendant seemed only to grow more agitated.

 2                                                                                   force,
     12. Defendant became extremely angry and punched the Plaintiff in the face, full-
 3      several times. Plaintiff fell to the ground and heard a ringing sound in his ears from the
 4      blunt force trauma to Plaintiff's head.

 5                                           D           car,
     13. Defendant then proceeded toward his ( efendant's) threw out all of Plaintiffs

 6      personal property, and drove away.
 7   14. Plaintiff managed to hail a cab and the taxi driver drove Plaintiff to the emergency room
 8          C
        at O'onnor Hospital in San Jose.

 9   15. Plaintiff subsequently underwent surgery to repair broken bones around his eye socket

10      and had a metal plate inserted into his face to repair damage.
11   16. Defendant was arrested at his home and charged with felony battery.
12

13                                 FIRST CAUSE OF ACTION

14                                           ASSAULT

15                   alleges each and every allegation and statement contained in paragraphs 1
     17. Plaintiff re-
16      through 17, inclusive of the allegations and incorporates those allegations as though fully
17      set forth herein.

18   18. On or about August 21, 2012, Defendant HARRIS acted with the intent to cause

19      imminent apprehension of harmful or offensive contact with Plaintiff thereby placing

20                                                       o
        Plaintiff in imminent apprehension of harmful and/ r offensive contact, and by Defendant
21      Harris committing such an act.
22   19. Defendant HARRIS, prior to touching Plaintiff, stood within inches of Plaintiff's body in

23      a threatening and menacing manner, trapping Plaintiff inside the restaurant.
24   20. At all times, Plaintiff reasonably believed that Defendant HARRIS would touch him in a

25                 o
        harmful and/ r offensive manner.

26   21. Plaintiff did not, at any time during the entire incident, consent to Harris' conduct.

27   22. By reason of the acts of Defendant Harris, as herein described, Plaintiff was placed in

28                                                   being.
        great fear for his life and his physical well-

                                                   3
                                PLAINTIFF S COMPLAINT FOR DAMAGES
                                          "
 1   23. As a direct and proximate result of Defendant Harris' assault on Plaintiff, Plaintiff has
 2      suffered and continues to suffer significant and substantial harm, including but not

 3      limited to bodily injury, as well as emotional distress resulting both in physical and
 4      mental damages, and any other further damages that may be established, according to

 5      proof, at the time of trial.

 6   24. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required
 7      to,and did expend money and incur obligations for medical services, care and treatment

 8      reasonably required, and for future medical care in the treatment and relief of the injuries
 9      he sustained, the exact amount to be proven at trial.

10   25. The aforementioned acts of Defendant Harris were willful, wanton, malicious,reckless

11      and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an

12      amount appropriate to punish and make an example of Defendant HARRIS.

13

14                                SECOND CAUSE OF ACTION

15                                           BATTERY


16                   alleges each and every allegation and statement contained in paragraphs 1
     26. Plaintiff re-
17      through 26, inclusive of the allegations and incorporates those allegations as though fully

18      set forth herein.

19   27. On or about August 21, 2012, Defendant HARRIS acted with the intent to cause harmful

20                            c
        and offensive touching/ ontact of Plaintiff and did cause harmful contact by repeatedly
21      punching Plaintiff in the face.

22   28. At no time did Plaintiff, at any time during the entire incident, ever consent to such

23      contact inflicted upon him by Defendant HARRIS.
24   29. As a direct and proximate result of Defendant Harris' unlawful conduct and battery upon
25      Plaintiff, Plaintiff was seriously harmed by such conduct. Plaintiff has suffered and
26      continues to suffer significant and substantial harm, including but not limited to bodily

27      injury, as well as emotional distress resulting both in physical and mental damages, and
28      any other damages that may be further established, according to proof, at the time of trial.

                                                  4
                                PLAINTIFFS COMPLAINT FOR DAMAGES
                                         "
 1   30. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required

 2      to,and did expend money and incur obligations for medical services, care and treatment

 3      reasonably required, and for future medical care in the treatment and relief of the injuries

 4      he sustained, the exact amount to be proven at trial.

 5   31. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

 6      and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an
 7      amount appropriate to punish and make an example of Defendant HARRIS.

 8

 9                                THIRD CAUSE OF ACTION

10                                  FALSE IMPRISONMENT

11                   alleges each and every allegation and statement contained in paragraphs 1
     32. Plaintiff re-
12      through 32, inclusive of the allegations and incorporates those allegations as though fully

13      set forth herein.

14   33. On or about August 21, 2012,Defendant HARRIS falsely imprisoned Plaintiff with the

15      intent to confine and restrain Plaintiff s physical freedom, within a bounded and defined
N       area, without legal justification and by actually committing such an act.
17   34. Defendant HARRIS confined Plaintiff within a fixed boundary where Plaintiff was

18      trapped against his will.Plaintiff was physically confined within Su Hong restaurant and
19      with Defendant HARRIS blocking the Plaintiff's ability to escape and confining
20      Plaintiff s physical freedom by force.
21   35. At all times, Plaintiff was aware and conscious that he was confined within fixed

22      boundaries, imprisoned there,and could not escape, causing Plaintiff harm.
23   36. Plaintiff did not, at any time during the entire incident, consent to Defendant HARRIS'
24      conduct.

25   37. As a direct and proximate result of Defendant Harris' unlawful conduct and false

26      imprisonment upon Plaintiff, Plaintiff was seriously harmed by such conduct. Plaintiff
27      has suffered and continues to suffer significant and substantial harm, including but not
28      limited to bodily injury, as well as emotional distress resulting both in physical and

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                                         "
                               PLAINTIFF S COMPLAINT FOR DAMAGES
                       ti




 I      mental damages, and any other damages that may be further established, according to
 2      proof, at the time of trial.

 3   38. By reason of the wrongful and malicious acts of Defendant Harris, Plaintiff was required
 4      to,and did expend money and incur obligations for medical services, care and treatment
 5      reasonably required, and for future medical care in the treatment and relief of the injuries
 6      he sustained, the exact amount to be proven at trial.
 7   39. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

 8      and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an
 9      amount appropriate to punish and make an example of Defendant HARRIS.
10

11

12                                FOURTH CAUSE OF ACTION

13                INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

14                  alleges each and every allegation and statement contained in paragraphs 1
     40.Plaintiff re-
15      through 40, inclusive of the allegations and incorporates those allegations as though fully
16      set forth herein.

17   41. At said time and place hereinbefore set forth,Defendant HARRIS approached Plaintiff
18      and thereupon willfully, wantonly, maliciously and without regard for the rights of
19      Plaintiff, assaulted, battered and falsely imprisoned Plaintiff, without cause, reason or
20      excuse as herein alleged.
21   42. The alleged conduct of Defendant HARRIS was intentional and malicious and performed
22      for the purpose of causing Plaintiff to suffer humiliation, mental anguish, emotional and
23      physical distress. Said conduct of Defendant HARRIS was done with the knowledge that
24      Plaintiff would undoubtedly suffer severe emotional distress and certain physical injury.
25   43. As a direct and proximate result of the wrongful and malicious acts of Defendant
26      HARRIS and the fright caused to Plaintiff thereby, Plaintiff has been injured in his mind
27      and body by being assaulted, battered and falsely imprisoned by Defendant HARRIS, all
28      to the damage of Plaintiff according to proof at the time of trial.
                                                  6
                                          "
                                PLAINTIFF S COMPLAINT FOR DAMAGES
 I    44. The aforementioned acts of Defendant Harris were willful,wanton, malicious, reckless

 04      and oppressive and justify the award of exemplary and punitive damages to Plaintiff in an
 3       amount appropriate to punish and make an example of Defendant HARRIS.

 4

 5                                  FIFTH CAUSE OF ACTION

 6                                          NEGLIGENCE

 7                    alleges each and every allegation and statement contained in paragraphs 1
      45. Plaintiff re-
 8       through 45,inclusive of the allegations and incorporates those allegations as though fully
 9       set forth herein.

10    46. At said time and place as set forth above, Defendant HARRIS owed a duty of reasonable
11       care to act in a reasonable and prudent manner 1)when dealing with other persons; 2)by
12                       -
         exercising self control; 3)by refraining from physical actions or movements that were
13       unreasonable and unjustified and that could end up causing harm to other persons
14       including Plaintiff herein.

15    47. Defendant HARRIS breached this duty. While he was engaged in a heated argument with
16       Plaintiff, Defendant HARRIS punched his arms toward Plaintiff. Said punch contacted
17       Plaintiff in the face and caused Plaintiff injury.

18    48.Defendant HARRIS' conduct was performed in such a careless and negligent manner and
19       fell below the standard of care of a reasonable person in similar circumstance that he

20       actually struck Plaintiff in the face.

21                                                                               -
      49.Defendant HARRIS continued in such conduct, by failing to exercise self control, acting
22       in an unreasonable, unwarranted and unjustified manner, all of which caused Plaintiff to
23       suffer significant and substantial harm, including but not limited to bodily injury, as well
24       as emotional distress resulting in both physical and mental damages, and any other
25       damages that may be further established, according to proof, at the time of trial.
26    50. As a direct and proximate result of the negligent acts of Defendant HARRIS, Plaintiff has

27       suffered extreme and severe mental anguish and physical pain. Plaintiff has been injured
28       in his body and mind by Defendant HARRIS' negligent conduct, all to the damage of
                                                   7
                                           "
                                 PLAINTIFF S COMPLAINT FOR DAMAGES
 I       Plaintiff according to proof at the time of trial.
 2

 kl                                     SIXTH CAUSE OF ACTION

 4
                      NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
 5

 6
                      alleges each and every allegation and statement contained in paragraphs 1
      51. Plaintiff re-
 7
         through 51, inclusive of the allegations and incorporates those allegations as though fully
 8
         set forth herein.

 9    52. Defendant knew, or should have known, that his aforementioned conduct would cause

10       Plaintiff severe emotional distress.

11    53. As a direct and proximate result of the negligent acts of Defendant HARRIS, Plaintiff has
12       suffered extreme and severe mental anguish, humiliation, severe emotional and mental
13       suffering as Plaintiff was humiliated in a public place in front of many people, by the
14       actions of Defendant. Plaintiff has been injured in his mind, body and nervous system, all
15
         of which have caused, and continue to cause Plaintiff great mental, physical emotional
16       and nervous pain and suffering, due to the negligence of Defendant HARRIS, all to the
17       damage of Plaintiff according to proof at the time of trial.
18
         Wherefore, Plaintiff DIMITRI GEIER,prays for judgment against Defendant HARRIS as
19
         follows:
20
         FIRST,SECOND, THIRD,FOURTH AND FIFTH CAUSES OF ACTION
21
      1. For general damages in the amount according to proof at the time of trial;
22
      2. For medical and other incidental expenses in the amount according to proof at the time of
23
         trial;
24
      3. For exemplary and punitive damages in amount according to proof at the time of trial;
25
      4. For costs of suit herein incurred; and
26
      5. For such other and further relief as the court may deem just and proper.
27

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                                           "
                                 PLAINTIFF S COMPLAINT FOR DAMAGES
 1   Dated: October 22,2012

 2                                  Craig F.Charles

 3                                   Attorney for Plaintiff
 4                                   DIMITRI GEIER

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                              PLAINTIFF S COMPLAINT FOR DAMAGES

				
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