Juan Garcia v. Cafe Cocomo, Daruka Wanigatunga, Daruka Dwanajadunga, Adrian Rodolpho Valderrama, Abitsch & Abitsch, LLC, K-Dubb Security, LLC
Published: Dec. 18, 2010 | Result Date: Aug. 13, 2010 | Filing Date: Jan. 1, 1900 |Case number: CGC-07-466883 Settlement – $95,000
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Russell A. Robinson
(Law Office of Russell A. Robinson)
Norman C. Laforce
(Law Offices of Norman La Force)
Facts
On March 3, 2007, Juan Garcia visited Café Cocomo in San Francisco. While there, Adrian Valderrama stabbed him. As a result, Garcia filed an action against Valderrama alleging battery, and Daruka Wanigatunga, who owned Café Cocomo, alleging premises liability.
Wanigatunga later filed an action against Valderrama and K-Dubb Security LLC, which Kevin Whitfield owned. K-Dubb also sued Wanigatunga.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he tried to stop an attacker from fighting with his friend, and at that point, Valderrama stabbed him. Further, plaintiff claimed that the premises owners knew of violent conduct that occurred in the past, but failed to stop any occurrences. Additionally, plaintiff argued that the owners negligently permitted dangerous persons to come to the café, and failed to properly manage crowds and the incidents. Last, plaintiff claimed that the owners should have screened customers for weapons.
DEFENDANT'S CONTENTIONS:
Defendant Wanigatunga denied any responsibility and claimed that he should not be held responsible in that Valderrama stabbed plaintiff and K-Dubb should have provided better security. Defendant contended that K.-Dubb was retained to prevent any such occurrence.
Defendant K-Dubb claimed that Valderrama or Café Cocomo were liable.
Damages
Plaintiff sought $37,000 in medical costs.
Injuries
Plaintiff suffered a collapsed lung, puncture wound, scars, and/or disfigurement.
Result
The parties reached a settlement amounting to $95,000, under which K-Dubb agreed to pay $90,000, and Wanigatunga agreed to pay $5,000.
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