Andrew Zapata, et al. v. Andrew Peace, et al.
Published: Aug. 19, 1995 | Result Date: Jun. 27, 1995 | Filing Date: Jan. 1, 1900 |Case number: SCV13196 – $179,300
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Walter J. Wabby
(Law Offices of Walter J. Wabby)
Defendant
Daniel L. Ferguson
(Borton Petrini LLP)
Facts
On April 1, 1994, Ronald Zapata, a 19-year-old male, was in his back yard of his family's Fontana residence with his 2 1/2-year-old brother Andrew. They were playing with the family dog. Defendant Andrew Peace's house was next door and the 2 yards are separated by a small chain-link fence. Defendant Peace exited his house with a loaded .25 caliber semi-automatic handgun and verbally confronted Ronald Zapata about his playing load music. Ronald Zapata responded as to what Defendant Peace was going to do about it when Defendant Peace pulled his gun out and fired between 4 and 6 shots directly at Ronald Zapata and inadvertently struck Plaintiff/toddler Andrew Zapata in the left side of his skull. Ronald observed his brother, believed he was dead, and then jumped the fence and struck Defendant Peace with his fists. The child was taken to Loma Linda Hospital where the bullet was surgically removed. Defendant Peace was arrested for attempted murder and pled guilty to assault with a deadly weapon, a felony. Peace is currently serving 2 years in the state prison. Peace alleged that he had no memory of the shooting incident and was never threatened by Ronald Zapata with physical harm.
Settlement Discussions
Plaintiff contends that Defendant offered the policy limits of $100,000 (which was approved by way of a minor's compromise); and then Defendant petitioned the Court to set aside the minor's compromise; which the Court granted. The Defense contends it offered its policy limits of $100,000 early on in the case. The Defense also contends that following court approval of the $100,000 settlement, Defendant was served with a $56,000 hospital lien; as a result, the Defendant petitioned the Court to adjudicate the timeliness of the lien in the context of the court-approved settlement. The Defense also contends that, before the hearing on the Defendant's petition, the Plaintiffs withdrew their previously-submitted petition for minor's compromise and disaffirmed the $100,000 policy limit settlement; thereafter, the Plaintiffs demanded $4,000,000.
Specials in Evidence
$56,000 (see damages) (see damages)
Damages
Plaintiff claimed $1,000,000 damages for future medical expenses and lost earning capacity. Defendant claimed that the Plaintiff would not require any future medical care and sustained no lost earning capacity. Plaintiff asked the jury to award $2,000,000; Defendant asked the jury to award $150,000.
Injuries
Plaintiff claimed the following: Bullet wound to the left side of the skull; the bullet lodged in the right hemisphere requiring surgical removal; residual brain damage impairing cognitive capacities including speech delay. Defendant claimed: The bullet only damaged the cerebellum which is involved in fine-motor coordination (not cognitive); that the speech delay was preexisting; and that the wound caused only a slight motor problem with the right leg.
Result
The jury awarded $79,300 economic damages and $100,000 non-economic damages to Andrew Zapata; $53,500 non-economic damages to Ana Vilma Zapata. Defense verdicts were rendered by the jury on the claims by Ronald Zapata and Patricia Quintana.
Deliberation
not disclosed
Poll
12-0 negligence of Peace, 12-0 legal cause, 10-2 damages, 12-0 comparative liability
Length
2 weeks
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