Facts

On Oct. 10, 2009, a male, then age 18, was operating a go-kart in a commercial parking lot in the San Francisco Bay Area. At approximately 12 p.m., plaintiff John Doe was riding his bicycle with members of his cycling club in the street adjacent to the parking lot. The go-kart lost control and skidded out into the street crashing into John Doe.

The case was settled with the driver of the go-kart and his father, the commercial tenant and the property manager and owner. There was no insurance covering the go-kart operator or his father.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the go-kart had been operating in the parking lot for about 1 1/2 hours before the incident. The commercial tenant, property manager and owner each had a duty to maintain the property in a manner so as to not injure the user of an abutting street. Plaintiff also contended that despite knowledge of prior go-karting activity that occurred in the parking lot at least three to six times, the commercial tenant, property manager and owner failed to take reasonable steps to prevent go-karting on its premises during or after the prior incidents, and stopping this guy on that morning.

Plaintiff claimed that on the day of the incident, the commercial tenant had actual notice that the dangerous activity was taking place on its premises, but did not do anything to stop it. An email produced during discovery showed that one employee parked his car nearby the go-karting, saw that it was happening, but failed to call the police or take any actions to stop it.

Specials in Evidence

$737,670 (past and future) $235,000 (past and future)

Injuries

John Doe suffered traumatic brain and head injuries. Jane Doe suffered loss of consortium (loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support).