Pro baseball pitcher assaulted by man high on LSD after party. $2.2M. San Mateo County.

Summary

Plaintiff goes to help man in front of his house, high on LSD, who then assaults him. Defendant had been a guest at a house party.

Case Name: Gregory Reynolds and Megan Pirovano-Reynolds v. Dominic Joseph Pintarelli and Connor Harrison Pope
Court and Case Number: San Mateo County Superior Court / CIV536328
Date of Verdict or Judgment: Monday, March 19, 2018
Date Action was Filed: Friday, November 20, 2015
Type of Case: Assault and Battery
Judge or Arbitrator(s): Hon. Gerald J. Buchwald
Plaintiffs:
Gregory Reynolds, 32, baseball pitcher.
Megan Pirovano-Reynolds, 36, homemaker.
Defendants:
Dominic Pintarelli
Connor Pope
Type of Result: Jury Verdict

Gross Verdict or Award: $2,229,000
Net Verdict or Award: $2,117,550 after comparitive negligence.
Contributory/Comparative Negligence: 55% to Pintarelli; 40% Pope; 5% Reynolds.
Economic Damages:
$1,516,000
Non-Economic Damages:
$713,000
Trial or Arbitration Time: 2 weeks.
Jury Deliberation Time: 1 1/2 days.
Jury Polls: 12-0 liability, 11-1 damages.

Attorney for the Plaintiff:
Cotchett, Pitre & McCarthy, LLP by Niall P. McCarthy, Emanuel B. Townsend, and Elizabeth T. Castillo, Burlingame.
Attorney for the Defendant:
McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP by R. Dewey Wheeler and Ben Schnayerson, Walnut Creek. (For Connor Pope.)

Dan M. Himmelheber, San Mateo. (For Dominic Pintarelli.)

Plaintiff’s Medical Expert(s):
Charles K. Lee, M.D., hand surgery, San Francisco.

Victor Prieto, M.D., orthopedic surgery, San Francisco.
Defendant's Medical Expert(s):
Joseph Donahue, M.D., orthopedic surgery, Redwood City.
Plaintiff's Technical Expert(s):
Brodie Van Wagenen, baseball talent evaluation.

Bryce Dixon, baseball talent evaluation.

James Mills, economics, Los Altos.
Defendant's Technical Expert(s):
Mark Harrison, drug recognition.

Tory Hernandez, baseball talent evaluation.

Eric Volk, economics.

Facts and Background:
On Jan. 16, 2015, plaintiff Greg Reynolds, a 29-year-old professional baseball pitcher, and a free agent at the time, was in front of his home in Ocean Colony, a gated community in Half Moon Bay. Reynolds approached Dominic Pintarelli, who was high on LSD, to ask Pintarelli if he needed help. Prior to this, Pintarelli had taken LSD with his friend Connor Pope at Pope’s home in Ocean Colony.

After Reynolds approached him, Pintarelli punched Reynolds several times. Reynolds retreated into his house and locked the door, though Pintarelli then allegedly began throwing his body against the front door in an attempt to break it down. Reynolds eventually opened the door and stepped outside and punched Pintarelli with his pitching hand, knocking Pintarelli into some bushes.

Reynolds sued Pintarelli and Pope, the host of the party, under a theory of host liability. A non-defendant provided the LSD. Pintarelli was criminally convicted of assault.
Plaintiff's Contentions:
Plaintiff contended Pintarelli was liable for the confrontation and that Reynolds was defending his home and wife. Plaintiff contended that Pope was negligent for hosting the party with the LSD.
Defendant's Contentions:
Pintarelli claimed that Reynolds had the most fault for their confrontation. Pope contended that he had no liability, in part because of the subsequent criminal conduct of Pintarelli.

Physical Injuries claimed by Plaintiff:
Reynolds fractured his index finger. The injury was treated without the need for surgery.

Plaintiff §998 Demand: $900,000
Plaintiff Final Demand before Trial: $650,000 with indication of $500,000 before trial.
Defendant §998 Offer: $250,000
Defendant Final Offer before Trial: $300,000
Defendant Offer during Trial: $500,000

Homeowner's insurance policy to cover judgment.