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Plaintiff Awarded $2m In Court After Being Attacked By A Co-Worker

1/2/2017

 
attack by co-worker case assault battery
On September 11, 2012, Plaintiff Gabriel Alfonso was brutally attacked by a co-worker. About 9 days earlier, that atacker was arrested for threatening Plaintiff and another employee. After the attacker was released from jail, he admittedly wanted to "get back at" Plaintiff for having him arrest. Plaintiff reported his concerns to the employer, but the employer allowed the attacker to return to work after imposing a short "colling off" period. Plaintiff's injuries included multiple facial fractures, orbital fracutre and mild traumatic brain injury. Plaintiff was also diagnosed with Post Traumatic Stress Disorder (PTSD) and received consistent psychological counseling in connection with the incident. 

Plaintiff sued the employer for negligence and for failure to take reasonable measures to prevent violence. Throughout the case, the Defendants claimed that Plaintiff was faking and/or exaggerating his injuries, even though the victim's own treaters confirmed the severity of the injuries and the pain that Plaintiff was dealing with. I can imagine that accusing Plaintiff of faking his injuries, given the traumatic nature of his injuries, angered the jury and contributed to the generous award in this case. The Solano County jury returned a veridict for Plaintiff in the amount of $420k in wage loss, $15,150 in past medical expenses and $1.5m in pain and suffering damages for a total of nearly $2m.  (Affonso v Miguel Rocha D.B.A. M.R. Enterprise, Case No. FCS-040957). 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case