Confidential
Settlement – $500,000Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Michael R. Rhames
(Law Offices of Michael R. Rhames PC)
Defendant
Brad Snyder
(Law Offices of Brad Snyder)
Experts
Plaintiff
Julius Sue
(medical)
Michael S. Argon
(medical)
Shiun T. Ker
(medical)
Kenneth Saeger
(medical)
Steven M. Goldberg
(Manatt, Phelps & Phillips, LLP)
(medical)
Raymond W.P. Leung
(medical)
Lucy Yeung
(medical)
Facts
On June 4, 1994, the minor defendant, conducted a high school graduation party in the backyard of his parents' home. The minor defendant and others designed and printed "flyer" type invitations that were handed out at the high school attended by the minor defendant, as well as to friends and other acquaintances. The minor defendant's parents were asked to leave during the initial portion of the party, which they did. While the parents were gone, alcohol was brought into the party and made available to the guests. About 9:30 p.m., a noticeable influx of "gangster type persons" began appearing at the party and gradually took over the party, at which time the invited guests began to leave. During the party, there were confrontations between various gang members. At 11 p.m. some of the gang members left the party to summon additional members of their gang, and to obtain guns, so as to return to the party and shoot rival gang members. Around midnight or 12:30 a.m., the gang members returned with guns and began shooting indiscriminately at the persons remaining at the party, including the plaintiffs who were innocent bystanders. Bullets struck six people, killing two. The gang members then left the scene but were ultimately arrested and are presently awaiting trial for murder. The plaintiffs, the four wounded party-goers and the heirs of the decedents, brought this action against the defendants, the minor and his parents, based on premises liability and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $500,000 (policy limits). Plaintiff one demanded $55,000, plaintiff two demanded $10,000, plaintiff three demanded $110,000, plaintiff four demanded $112,500 and plaintiff five demanded $112,500. The defendants accepted the plaintiffs' demands the day before the defendants' motion for summary judgment was to be heard.
Specials in Evidence
$15,000 (plaintiff A), $1,000 (plaintiff B), $42,000 (plaintiff C), $_________ (plaintiff D) $1,000 (plaintiff 1), $42,000 (plaintiff 2)
Injuries
The plaintiffs alleged they sustained the following injuries: plaintiff one -- gun shot wounds in the leg and lacerations to the arm with fragments of the bullet in the leg; plaintiff two -- grazing shot wound; plaintiff three -- significant damage to the rectum as a result of being struck by a bullet. The rectum ultimately had to be surgically removed; plaintiff four -- two bullet wounds to the chest with the bullets remaining in the chest; plaintiffs five and six, the heirs of the individuals who died as a result of the bullet wounds.
Other Information
The settlement was reached approximately one year and 11 months after the case was filed. A settlement conference was held on April 29, 1996. It did not resolve the matter. The defendant's motion for summary judgment was scheduled to be heard on May 22, 1996, but was taken off calendar as a result of the settlement.
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