Facts

Plaintiff Caesar Cantu is a retired civil engineer and paralegal, who used Comcast community television studio in Bellflower as public access producer for 15 years. Cantu produced variety shows for a Hispanic target audience over the Comcast public access channel. Comcast, as a public service, provided a public access studio for taping of public access programming on its public access channel 36.

In the past, Cantu had invited increasingly large numbers of performers and guests to the studio to participate in his taped programs in violation of studio rules. He had been warned about the reducing the number of performers and guests he invited to the studio given the safety concerns related to overcrowding. He was told he had to provide evidence of residency in the area served by the studio, but did not provide documentation.

The studio guidelines also provided that the studio may not be used for "profitable gain," including the sale of access show tape and that the programming produced at the studio "cannot be for profit, cannot be sold to any commercial stations or satellite networks or have videotapes marketed and sold to the general public." The guidelines also provide that "Comcast is not responsible for loss or damaged tapes."

Comcast stored the producer's tapes temporarily in open shelving the hallway between the taping studio and the green room (where the performers gather before taping). The shelving is not secure, and any guests have access to them. It is also Comcast's policy to re-use tapes for public access if not removed.

On March 4, 2004, Cantu faxed to Daniel McKinney his run-sheet just a few hours before the production in violation of studio rules. The run-sheet indicated that Cantu was planning on having 30 guests and performers that night. Cantu produced in the litigation the same run-sheet, but the number of guests had been changed to 50. The guests arrived in buses and automobiles, and filled the studio. By 9 p.m., the studio was becoming crowded. McKinney informed Cantu of the problem. Cantu would not cooperate. One of Cantu's guests threatened McKinney. McKinney believed the number of guests at the studio compromised the safety of the studio and its staff.

Unable to gain the cooperation of Cantu and his guests, McKinney decided to cancel the performance and asked Cantu's guests to leave the facility. He "flashed" the high intensity lighting, although the house lighting in the studio remained lit. The guests began to leave, in an orderly fashion. Cantu claims that McKinney turned off all of the lights in the studio and caused a panic resulting in his injuries.

On March 10, 2004, the Comcast studio manager, Jeff Trujillo, informed Cantu that his studio privileges were suspended for three months for violating studio rules regarding over crowding. Cantu did not inform Trujillo or any Comcast representative of any personal injury following the event. Comcast performed a search for Cantu's personal property but could not locate any. Cantu never returned to the studio to claim his tapes.

Cantu testified that he visited his doctor for treatment for his knee on March 8, 2004, and saw his doctor regularly after that for treatment. However, the physician treatment notes did not reflect any visit by plaintiff on March 8. The only direct reference to the right knee appeared in treatment notes of July 2004.

PLAINTIFF'S CONTENTIONS:
Cantu contended that McKinney turned off the studio lights causing a panic. He claimed that he suffered a debilitating knee injury when his right knee struck the edge of the studio door as he tried to exit the studio. Cantu maintained that the mastered edited tapes were a unique format that he had planned to market, and had great commercial value.

DEFENDANT'S CONTENTIONS:
Comcast contended that the studio lighting did not go dark and there was no panic in the studio. Comcast contended that it had conducted a thorough search for Cantu's property and could not locate any, that Cantu never returned to the studio to look for his property, and that it was not responsible for property left behind at the studio. Comcast maintained that the master edited tapes had no commercial value.

With respect to Cantu's knee injury, Comcast maintained that the meniscus tear could not have been caused by a blow to the knee cap as Cantu said, and that the MRI reflected that the condition was degenerative, and not the result of an acute injury.

Settlement Discussions

Cantu made no settlement demand. The defendant offered a waiver of costs in exchange for a dismissal.

Damages

Cantu sought over $1 million for the value of his digital master edited tapes; $200,000 for lost earnings; and $4,000 in medical specials. The plaintiff also asked for $100 a day in future pain and suffering, totaling around $150,000; and $10 a day in future pain and suffering, without offering any testimony regarding Cantu's life expectancy. He asked for approximately $5,000 for lost equipment and personal property.

Result

Defense verdict.

Other Information

The court dismissed Cantu's conversion claim following defendant's motion for nonsuit. The court allowed Cantu's claim for personal injuries and a claim for negligence for loss of property to be submitted to the jury.

Deliberation

30 minutes