Singh v. Speed Petroleum

$107,000 Verdict

Date of Verdict: Dec. 17, 2019.

Court and Case No.: C.P. Philadelphia No. 180105671.

Judge: Michael E. Erdos.

Type of Action: Intentional Torts, assault, battery.

Injuries: Bruises, mental, psychological.

Plaintiffs Counsel: Alan E. Denenberg, Abramson & Denenberg.

Plaintiffs Expert: Bruce H. Grossinger, neurology, Eddystone.

Defense Counsel: Steven C. Feinstein, Feinstein Law Offices; West Chester; Thomas W. Harrity, The Law Offices of Thomas W. Harrity, Philadelphia.

Comment:

On Feb. 3, 2016, plaintiff Tarjinder Singh, a gas station attendant in his mid-20s, was assaulted and kidnapped by his supervisor, Joseph Cherian, and three other men—Neeraj Gupta, Dony Davy and Matthew Praveen—in Philadelphia. Singh claimed that he suffered psychological injuries.

Singh sued Cherian, Gupta, Davy and Praveen, and his own employer, Speed Petroleum Inc. He alleged claims of assault, battery and intentional infliction of emotional distress. According to Singh, Cherian failed to pay him after he worked at Speed Petroleum for three weeks. This prompted Singh, on Feb. 3, 2016, to help himself to the gas station's cash register and take an amount of cash close to what he was allegedly owed. Subsequently, Singh contended, Cherian and his three associates—Gupta, Davy and Praveen—went to his house and physically assaulted him. He claimed they kidnapped him and drove him to the gas station, where they threatened him. Then, Singh claimed, the men took him back to their vehicle and proceeded to drive to an undisclosed location. During this time, Singh was able to escape from the moving vehicle and contact the police.

In 2017, the defendants were found guilty of a variety of charges, including aggravated assault, kidnapping, false imprisonment, burglary, simple assault, endangering another person and possessing an instrument of crime. The men were convicted; Cherian was given 17 months of jail time, and Gupta, Davy and Praveen were given probation. The sentencing also included payment of restitution by the defendants for hospital bills.

The defense maintained that Singh stole from the gas station's register more than $2,400 in cash, which he claimed was owed to him for his three weeks of work. On Feb. 3, 2016, Cherian called the police to report the theft and then called Singh and demanded return of the funds. According to the defense, when Singh refused, Cherian and three other men—Gupta, Davy and Praveen—went to the boarding house where Singh resided and confronted him. They then assaulted him and brought him back to the gas station to watch the surveillance video that captured the theft. Singh then confessed to the theft and signed a statement admitting to it. He promised to return the money within five days. Thereafter, the defendants were driving Singh back to his residence when he jumped out of the car and fled; he ultimately called the police and reported that he had been kidnapped and assaulted.

Prior to the trial, the court entered summary judgment on liability in favor of Singh and against the defendants, given the underlying criminal convictions. The trial was held to determine the amount of damages to be awarded.

Singh, after notifying police of the Feb. 3, 2016, events, presented to an emergency room and was treated and released for multiple bruises and abrasions throughout his face and body. No fractures or internal organ injuries were diagnosed.

Sing was ultimately diagnosed with psychological injuries, including post-traumatic disorder, anxiety, panic attacks and flashbacks.

In the ensuing years, he treated at mental health facilities, suffered alcohol abuse and suicidal ideations and, on one occasion, was hospitalized after suffering from alcohol poisoning, resulting in a medically induced coma. At the time of the trial, Sing continued to receive psychological counseling.

Sing's expert in neurology attributed the plaintiff's psychological injuries to the incident with Cherian, Gupta, Davy and Praveen.

In seeking punitive damages, Singh's counsel argued that Cherian, Gupta, Davy and Praveen's established criminal conduct was willful and wanton. Singh sought to recover compensatory and punitive damages.

The defense cited Singh's emergency room records on the date of the assault. The records revealed that he was diagnosed with minimal injuries, having been found with only abrasions and contusions. X-rays revealed no fractured bones or internal injuries, and Singh was released the same day.

The defense conceded that Singh suffered physical injuries as a result of the assault, and some emotional harm, but disputed the causal connection of significant psychological harm, given that he had a prior history of mental illness and alcohol dependence.

The defense noted Singh's admission, at the trial, that when he was 14 years old, he was kidnapped and assaulted while residing in the Philippines. Singh alleged that this was an event from which he fully recovered in a few months.

The defense maintained that the opinions of Singh's expert were not based on any examination of him; rather, his opinions were based on a records review.

The jury found the defendants joint and severally liable. Singh was determined to receive $107,000.

This report is based on information that was provided by counsel for plaintiff, Speed Petroleum Inc., Joseph Cherian, Dony Davy and Matthew Praveen. Counsel for Neeraj Gupta did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication