Ex TMZ paparazzo wants more than medical expenses

Britney in a scrum of paparazzi Oct 2009.

While TMZ broke the story on medical expenses and general damages claimed against Britney Spears by ex-TMZ employee Ricardo Mendoza, they left out what Mendoza is really after: punitive damages.

As reported earlier Spears’ attorney, Benjamin C. Alvarez, made a motion to strike Mendoza’s claim to punitive damages last August. Alavez says that Mendoza hasn’t made a case based on fact and uses conclusionary unsupported allegations.

Mendoza, who worked for TMZ at the time of the accident, claims Spears ran over his foot and, “…operated a motor vehicle recklessly, wantonly, unlawfully, maliciously and with conscious disregard for the rights, health and safety of others.”

Spears’ attorney fired back in his attempt to dismiss the claim that Mendoza “…is a self-serving profit hungry paparazzo, who was swarming and lunging at defendant’s vehicle along with other paparazzo.”

Alvarez says that Mendoza’s complaint for punitive damages lacks fact and that subjecting Spears’ companies, such as Britney Touring, Inc. and Britney Brand, Inc., to his claims is an attempt to “up the ante.”

TMZ obtained the medical expenses that amount to just over $220,000from the case management statement filed Sep. 21, 2009 by Mendoza’s attorney. The expenses were listed under a brief summary of the case that cites an automobile accident that caused in jury and damage.

Mendoza seeks a trial by jury and per the case management statement isn’t interested in an early settlement conference or mediation. Spears’ team is, according to their own case management statement filed a week later.

Spears’ does not currently have any power over the companies named in the lawsuit due to a conservatorship over her person and estate by her father and attorney Andrew Wallet for nearly two years now.

A judge is expected to rule on whether to dismiss or uphold Mendoza’s claim for punitive damages on Nov. 3, 2009. There meanwhile appears to be a dispute by the parties as to whether to transfer the case to a West District court from the Stanley Mosk Courthouse located on Hill Street in Los Angeles. That issue is scheduled to be resolved later this month in the presence of Superior Court Judge John A. Konstradt.

Photo credit: Courtesy of Kill the Lights.org Oct. 2009