Lang Elliott v. Tarzana Treatment Center
Published: Nov. 19, 2002 | Result Date: Sep. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC227590 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Esther P. Holm
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Ralph N. Steiger
(medical)
Tom DeMeester
(medical)
Nils Grevillius
(technical)
Defendant
James P. Graham
(technical)
Carol McCleary
(medical)
William Coburn
(medical)
Michael G. Schwartz
(medical)
Facts
On April 5, 1999, an altercation occurred between the plaintiff, Lang Elliott, and his minor son at
the Tarzana Treatment Center in Tarzana. The plaintiff was present at the Center in an attempt
to have his son transferred to a different drug treatment facility in Pasadena. At the time of the
incident, the defendant National Private Security furnished an unarmed security guard for the
Tarzana Treatment Center. On the night in question, the guard was the defendant, George
Irizarry. The defendant Irizarry observed an altercation between the plaintiff and his son, as they
approached a vehicle located in the back parking lot of the facility. The plaintiffÆs minor son was
resisting his fatherÆs efforts to transport him to the other facility. The defendant Irizarry
intervened in the accident, which allowed the plaintiffÆs minor son to briefly flee the scene of the
incident. He was located shortly thereafter by the LAPD and brought back to his father.
Settlement Discussions
The plaintiff submitted a demand of $3.4 million; the defendants George Irizarry and National Private Security served a C.C.P. Section 998 offer in the amount of $15,000. The defendant Tarzana Treatment Center served a C.C.P. Section 998 offer in the sum of $1,500.
Specials in Evidence
$75,000 $275,000
Injuries
At trial, the plaintiff claimed that the incident caused his prior esophageal surgery to rupture, low back injury, neck injury, a right rotator cuff tear, and a tear to the left biceps - all injuries requiring future surgery.
Other Information
The defendants, George Irizarry and National Private Security, made a motion for nonsuit as to the plaintiffÆs claim for punitive damages which was granted.
Deliberation
eight hours
Poll
12-0 (on liability as to defendant Tarzana Treatment Center); 10-2 (on liability as to defendants George Irizarry - security guard and National Private Security - security guard company)
Length
seven days
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