Beverly Quinney v. Walter Smith, Monte Smith
Published: Sep. 30, 2003 | Result Date: Apr. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: 15410 Verdict – $350,000
Judge
Court
Solano Superior
Attorneys
Plaintiff
Stephen J. Mackey
(Donahue Davies LLP)
Defendant
Christopher J. Beeman
(Clapp Moroney Vucinich Beeman Scheley)
Experts
Plaintiff
Robert Mistretta
(technical)
Bryan Scott Gordon
(technical)
Facts
On Aug. 20, 1999, the plaintiff's decedent, Major Quinney, two days past his 18th birthday, was standing on a street corner in Suicun. He was supposedly handing out flyers promoting a rap concert that he and his group were planning on giving. The defendants, Smith and Bailey, both 17, at the time of the incident, were present when the decedent was shot and killed by a single .22 caliber bullet. Evidence was introduced that the decedent had walked or run toward Smith and Bailey with an object in his hand. The defendant Monte Smith admitted firing into the air but argued that he only had fired 9 mm bullets. He stated that he feared for his safety and that he fired to frighten Quinney. The decedent's mother sued Monte Smith and Tarif Bailey; Walter Smith (Monte Smith's guardian); Jim Donald Smith, his incarcerated father; and Raymond Bailey, Tarif Bailey's father, for her son's wrongful death. The case proceeded to trial against Walter Smith and Monte Smith. Monte and Walter Smith argued that the evidence showed that Quinney's death was caused by Bailey and not by Smith. Walter Smith also argued that Monte Smith did not have a history of violent tendencies and that he was not aware of facts sufficient to put him on notice of Monte Smith's alleged violent tendencies; that he had no prior knowledge of the incident in question, that he had not supplied the weapons in question and that he had no knowledge that Monte Smith possessed a gun.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $100,000 (policy limits); the defendants made no offer.
Damages
Recovery was sought for loss of companionship and support over the fatal shooting of the decedent. The decedent who worked at a Jiffy Lube location was attempting to make a career as a rap musician. The plaintiff claimed that the decedent was on the verge of signing a deal to make a rap record that would have generated earnings of $250,000 to $325,000 annually. The defendants argued that this was pure speculation in that the decedent had never made any money as a performer, had never given a public performance and had never put out a record. The court agreed and granted an in limine motion accordingly.
Result
A motion for nonsuit was granted to Walter Smith on the grounds that the evidence was insufficient to show negligent supervision.
Deliberation
two hours
Length
five days
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