Facts

On New Years Eve, the decedent, age 24, climbed onto the top of a guardrail on the second floor mezzanine at Universal Studios Citywalk, sat down and fell over the rail to his death. Plaintiffs brought this action against Howl at the Moon Inc. and Universal City Studios LLC.

PLAINTIFF'S CONTENTIONS:
As to Universal City Studios LLC, Plaintiffs claimed that the guardrail did not meet building code regulations, it was negligently designed and constructed, and it was not tall enough to keep the decedent from falling. Plaintiffs also claimed that Universal Studios' security was inadequate.

As to Howl at the Moon Inc., Plaintiff claimed that it failed to follow its internal guidelines for patron capacity and violated its internal rules regarding intoxicated persons, of which the decedent was one. Plaintiffs also alleged Howl at the Moon's security was negligent in that it was not vigilant enough to stop the decedent from sitting on the guardrail.

DEFENDANT'S CONTENTIONS:
Universal City Studios LLC contended that the guardrail met all applicable height and design requirements as promulgated by the building code and served its intended purpose: to prevent accidental falls. It claimed that the guardrail was not designed to prevent people from climbing onto and sitting on it. Universal also contended its security was more than adequate. Further, Universal contended the decedent was the sole cause of the incident.

Howl at the Moon contended it was not negligent, that its security was adequate, and that the decedent was the sole cause of his demise.

Injuries

Plaintiffs claimed wrongful death, loss of society, comfort and care of a child, as well as future life long financial support.

Result

The Court found in favor of plaintiffs as to Howl at the Moon Inc. and awarded $420,000. The court found the decedent 67 percent liable, thus reducing the award to $140,000. The Court found that Howl at the Moon Inc. 33 percent negligent. The Court found in favor of Universal City Studios LLC that the guardrail was safe and Universal's security was adequate.

Other Information

The case was mediated unsuccessfully before trial. FILING DATE: Dec. 15, 2009.