Salwan Nafsu v. Red Lion Hotels and Inns Inc., et al.
Published: Jun. 17, 2000 | Result Date: Feb. 9, 2000 | Filing Date: Jan. 1, 1900 |Case number: 678967 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Jon E. Taylor
(Office of the San Diego City Attorney)
Jon B. Miller
(Miller Johnson Law)
Experts
Plaintiff
Raymond Hoobler
(technical)
Bruce R. Lasker
(medical)
Defendant
Edward C. Stevens
(technical)
Charles K. Jablecki
(medical)
Facts
On Feb. 5, 1994, Red Lion rented a hospitality suite for a party to be attended by young people associated with the Chaldean community in San Diego. Approximately 30 people attended the party. Plaintiff Salwan Nafsu, a 24-year-old liquor store clerk, arrived at the party at approximately 10 p.m. The next morning, at approximately 1:30 to 2 a.m., defendant Steven Hurd called Red Lion seeking to rent a suite. Hurd was advised that Red Lion was nearly sold out and that a suite might not be available. When Hurd arrived, he was advised by Red Lion employees that the only remaining suite was next to the party. Hurd requested to see the available suite, and the hotel's night desk escorted Hurd to the party suite. Hurd viewed the party suite and then went out on the balcony towards the party attended by Nafsu. Approaching the party goers, Hurd conversed with some of the party guests, exchanging pleasantries. The night desk clerk was aware that Hurd mumbled something after leaving the party suite, but could not make out what Hurd said. Hurd then requested to rent the available adjacent suite despite its proximity to the party attended by Nafsu. While showing Hurd the suite next to the party suite, the night desk clerk saw Hurd remove a gun from his jacket and casually toss it on the bed. At that time, Hurd said he was "a cop - sort of," and displayed a photo identification which the desk believed read "California Sheriff." Hurd denied ever identifying himself as a law enforcement officer. A short time later, at approximately 2:30 a.m., a confrontation occurred between Nafsu and Hurd on a common balcony connecting the suites. Ultimately, Hurd shot Nafsu in his left thigh. Nafsu alleged that Hurd shot him during an unprovoked attack. Hurd claimed that he defended himself against four males who attacked him. After the shooting incident, the police never found any alleged Sheriff's Identification. Additionally, Hurd was never charged with a crime.
Settlement Discussions
Plaintiff's post-appeal demand was $200,000; pre-trial demand was $100,000. Red Lion offered $25,000 after its summary judgment was reversed on appeal.
Specials in Evidence
$22,427
Injuries
The plaintiff received a serious gunshot would to his left leg during his altercation with Hurd. The plaintiff also claimed emotional distress.
Other Information
The trial court granted Red Lion's motion for summary judgment in July 1995. However, the Court of Appeal reversed the trial court's ruling, stating there were triable issues of fact as to whether the hotel breached its duty to Nafsu by failing to provide adequate security to protect Nafsu from his armed neighbor. The shooter, Hurd, settled with Nafsu before trial and was party to the trial on the indemnity cross-complaint. The court denied Hurd's motion for determination that the settlement was in good faith. The plaintiff has an appeal pending against Hurd.
Deliberation
one hour
Length
six days
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