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Torts
Wrongful Death
Gun Related Death

Lori Pixley v. Sam Tavalotti, et al.

Published: Oct. 15, 2011 | Result Date: Sep. 21, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00055264-CU-PO-NC Verdict –  $1,870,000

Court

San Diego Superior


Attorneys

Plaintiff

Todd E. Macaluso


Defendant

Peter L. Garchie
(Lewis, Brisbois, Bisgaard & Smith LLP)


Facts

On Sept. 11, 2009, 20-year-old Anthony Wacker visited the Vista Transit Center where he was involved in an argument with Sam Tavalotti, a security guard who worked for Heritage Security. After the argument turned into a physical altercation, Tavalotti shot Wacker twice in the back, killing him. Lori Pixley, Wacker's mother, filed a wrongful death action individually and on behalf of Wacker's estate against Tavalotti and Heritage Security, alleging negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Tavalotti was negligent, and that Heritage Security should be held vicariously liable.

Result

The jury awarded plaintiff $1.87 million, finding that Tavalotti was 75 percent liable and Heritage Security was 15 percent liable. Thus, plaintiff will receive $1.4 million.


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