Defense Verdict Against Border Patrol Agent Who Alleged Assault
Anthony Case obtained a defense verdict on behalf of a driver of a vehicle who allegedly assaulted a Border Patrol agent during an incident at the Otay Mesa International Border Crossing. While driving home to the United States, the defendant and his wife were in their vehicle at the crossing when a heated exchange began between the wife and Border Patrol agents. Defendant’s wife exited the vehicle and was taken down by Border Patrol agents. Defendant went to assist his wife and, while getting out of the vehicle, allegedly struck plaintiff in the face. Plaintiff claimed substantial injuries, including a broken nose that caused chronic sinus infections that led to middle ear problems that required surgical intervention, a black eye, and teeth and mouth injuries with subsequent tooth loss and root canal surgeries. Plaintiff claimed past medical expenses of $18,000, up to $20,000 in future medical expenses, and $14,000 in loss of earnings. Plaintiff, whose $25,000 demand the defendant previously rejected, asked the jury for a verdict in excess of $500,000. After a 4 day trial, the jury deliberated 1 hour before returning a defense verdict.
Plaintiff’s motions for judgment notwithstanding the verdict and for a new trial were denied, and Mr. Case secured a substantial costs award in favor of his client.