Confidential
Settlement – $4,700,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Garo Mardirossian
(Mardirossian & Associates Inc.)
Joseph M. Barrett
(The Barrett Lawyers, APC)
Defendant
Facts
On April 26, 1996, a 16-year-old student joined several other high school friends to go to a party on a Friday night in Diamond Bar. The 17-year-old host had a disc jockey and charged many of the people a fee of $5 for beer and music. He planned the party for a night his parents would not be home. The host and his friends were football players, and invited the team and cheeleaders to the party. Other high school friends were invited, including the plaintiff's girlfriend, a former girlfriend of the host. The two had fought over her in the past, and the host believed the plaintiff and his friends were dangerous gang members. While the plaintiff was standing outside the host's home with his money, an altercation arose at the entrance between gang members and the plaintiff's friends. An admitted gang member, who may have come to the party with other gang members, pulled out a gun and started shooting in the air. As the plaintiff ran towards the street, the host's 20-year-old brother came out of the house with a .45 caliber "Glock" pistol brought to the home by the defendant, his best friend. The 20-year-old shot the plaintiff, claiming the plaintiff had a gun in his hand pointed at him as he was running away. The bullet entered the plaintiff's left side and severed his spinal cord, causing paraplegia. The 20-year-old claimed the shooting was in self-defense. The plaintiff brought this action against the shooter and the shooter's friend who brought the gun to the party based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $500,000 when that was the disclosed insurance policy limits in September 1997. In April 1998 the interrogatory response was amended to include an additional $5 million in umbrella coverage related to the defendant's father's business where the son was allegedly covered. Plaintiff then tendered a C.C.P. º998 offer for the policy limits of $5.5 million.
Specials in Evidence
$158,829.05 $300,000 Estimated at $1 million by defendant and $3 million by the plaintiff
Injuries
The plaintiff suffered T8-9 paraplegia. The bullet that struck him entered his left side, traversing through his body and severing his spinal cord. He is paralyzed from the waist down.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. A mediation was held before Judge Robert Roberson, Jr. The first mediation resulted in no firm offer or demand, although positions were discussed and evaluations made. The case settled a few days after the defense lost a second summary judgment motion on the negligent entrustment theory, and on the same day the ballistics tests were performed.
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