Christopher Austin v. Ali Hatam, Individually and as Trustee of The Hatam Family Trust; Zahra Z. Hatam, Individually and as Trustee of The Hatam Family Trust; Viliami L. Finau; Mele T. Finau; and Franklin Management L.P.
Published: Feb. 28, 2015 | Result Date: Oct. 14, 2014 | Filing Date: Jan. 1, 1900 |Case number: EC058291 Verdict – Defense
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Ariella E. Perry
(Michael Maguire & Associates)
Experts
Plaintiff
Christopher A. Lee
(medical)
Defendant
Stuart H. Kuschner
(medical)
Facts
Christopher Austin sued Ali Hatam and Zahra Hatam, individually and as Trustees of The Hatam Family Trust, Viliami Finau, Mele Finau, and Franklin Management LP, in connection with a thumb injury.
The matter proceeded against Villiami Finau only after several of the defendants were let out of the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, who lived in an apartment complex in Van Nuys, was involved in an altercation with another tenant, Jason Sirota. The incident took place in the apartment courtyard, and turned physical. Resident manager Finau, lifted plaintiff off of Sirota and, in doing so, injured plaintiff's thumb. Plaintiff then sued Finau, Finau's supervisor Mele Finau, the Hatams, who are the property owners, and Franklin Management, asserting claims for negligence and negligent supervision.
DEFENDANTS' CONTENTIONS:
Defendant Finau alleged that he was merely acting as a Good Samaritan when he broke up the fight between the two tenants. Defendant Finau also disputed plaintiff's version of the events.
Settlement Discussions
Austin made a CCP 998 demand of $11,745. Defendants countered with a CCP 998 offer for waiver of costs.
Damages
Austin requested $6,700 in past medical expenses, $14,700 in future medical expenses, $26,250 in past wage loss, and $140,000 in future lost wages.
Injuries
Austin alleged that Finau fractured his right thumb when Finau lifted him up by his right hand. Austin, who was a cameraman, claimed he continued to experience pain in his hand, which prevented him from operating a camera, interfering with his work.
Result
The jury rendered a verdict against Austin and in favor of Finau.
Length
five days
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