Howard Martell v. WAGG, Inc., dba Whiskey-a-Go-Go; Citywide Security services, Inc., et al.
Published: Aug. 5, 1995 | Result Date: Jun. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: SC019898 – $637,785
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Marcus A. Mancini
(Mancini & Associates)
Defendant
Experts
Plaintiff
Murray Grossan
(medical)
Defendant
Tom A. Flashman
(medical)
Albert Tashma
(medical)
Edwin C. Amos M.D.
(medical)
Facts
On March 20, 1992, Plaintiff Howard Martell, 24-year-old bellman/parking attendant, went to the Defendant Whiskey A Go Go Club with his 19 year old brother. Defendant Fodolyan, one of the parking valets in the lot adjacent to the Whiskey Club, inadvertently locked Martell's Keys in his car before Martell went into the club. When Martell exited the club between 3 and 4 hours later, his keys were still in the car, Martell got into a verbal confrontation with the lessor of the parking lot, Defendant John Kazanjian (also dba Defendant Autoplex Parking Management Company; Kazanjian leased the lot from Whiskey. That verbal fight escalated into a shoving match, and finally a fight between Kazanjian and Howard Martell. Security guards from Defendant Citywide Security Services (who settled out prior to trial for $100,000) separated Kazanjian and Martell. Shortly thereafter, Defendant Fodolyan struck Martell in the forehead and eye area with a croquet mallet, causing the injuries complained of. (Fodolyan pleaded guilty to, and was convicted of, assault with intent to inflict great bodily injury. After completion of probation, this was reduced to a misdemeanor conviction.) Parking lot hours were from the opening of the night club to the last show; and keys were returned to the night club, after hours. In the case of problems on the lot, parking valets were to call security.
Settlement Discussions
Plaintiff contends his demand was $650,000 from all Defendants and no firm offers were made by the Defendants. Defendant WAGG contends it made a 998 offer of $10,000 increased to $15,000 at the MSC; and Plaintiff demanded $325,000 (of the $650,000 total) to Whiskey alone.
Specials in Evidence
$60,000 $45,000 $70,000
Injuries
Complex orbital fracture; cerebral contusion; orbital blowout fracture; frontal sinus and frontal skull fracture; traumatic iritis; commotio retina; traumatic amnesia; and complex laceration of the brow. Plaintiff required open reduction of the anterior frontal sinus and fixation of the anterior frontal bone fractures with miniplates. Entrapment of the floor of the orbit required phylactic sheeting. Approximately 4 months after the incident, Plaintiff sustained retinal detachment requiring 2 surgical reattachments. Residuals include severe neuralgia; decreased and double vision in the left eye; increased sinus infections; increased potential for retinal detachment, glaucoma and cataracts; decreased energy and loss of balance; crooked nose and deviated septum; breathing problems; memory problems; scarring; and emotional trauma.
Result
The jury awarded $637,785 to Plaintiff and against Kazanjian and Fodolyan; and a Defense verdict to Whiskey A Go Go.
Other Information
Both Defendants against whom the verdict was rendered are uninsured and judgment proof.
Deliberation
3 days
Poll
11-0 liability against Kazanjian, dba Autoplex Parking Mgt. Co., 11-0 liability against Sedrak Fodolyan, 11-1 damages against Kazanjian, dba Autoplex Parking Mgt. Co., 8-3 Defense verdict for WAGG
Length
12 days
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