Hugo Mosquera, et al. v. Stuart Anderson Black Angus, et al.
Published: Apr. 13, 1996 | Result Date: Feb. 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: EC010417 – $505,000
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Marla A. Brown
(Law Office of Marla A. Brown)
Defendant
Experts
Plaintiff
Andrew E. Berman
(medical)
Ralph N. Steiger
(medical)
Defendant
Eugene Flaum
(medical)
Roger S. Sohn
(medical)
Facts
On February 29, 1992, the plaintiffs, Hugo Mosquera, a 28-year-old sheriff deputy, and Pedro Echeverria, a 27-year-old sheriff deputy, were off duty when they were attacked by 12 to 15 other patrons at the defendant, Stuart Anderson Black Angus ("Stuart Anderson"), in Burbank. The plaintiffs were threatened in the presence of the defendants, security personnel hired by the defendant, Black Angus, who did not eject the attackers, call the police or escort the plaintiffs outside. There was no security in the defendant's parking lot. The plaintiffs continued to be attacked as they tried to leave Black Angus on their own. The fight continued outside in the defendant's parking lot. Four defendants, William Cano ("Cano"), George Pouzbouris ("Pouzbouris"), Laith Alsaraff ("Alsaraff") and James Russell ("Russell"), (collectively "the perpetrators") were arrested and convicted of violating º242 of the California Penal Code. The plaintiffs brought this action against the defendants, Black Angus, the perpetrators, and the security personnel, Wright and Blankenship, based on negligence, assault and battery, premises liability and negligent security theories of recovery.
Settlement Discussions
The plaintiffs each made a $150,000 settlement demand. The defendant, Black Angus, made a $15,000 settlement offer to Mosquera and a $9,000 settlement offer to Echeverria.
Specials in Evidence
$10,770 (Mosquera); $8,070 (Echeverria) $1,415 (Mosquera); $11,977 (Echeverria) $________ (Mosquera); $________ (Echeverria) $________ (Mosquera); $________ (Echeverria)
Injuries
The plaintiff, Mosquera, alleged that he sustained a broken nose, a fractured eye orbital, bruises, contusions and loss of consciousness as a result of the incident. The plaintiff, Echeverria, alleged that he sustained a fractured L4 vertebrae, a disc bulge at L3-4, bruises, contusions and a loss of consciousness as a result of the incident.
Result
A mediation was held on October 10, 1995, before Richard Hartman resulting in a $67,185.16 award for Mosquera and a $24,162.64 award for Echeverria against the defendants, Black Angus and Blankenship, and assessing said defendants 20% of liability, with the remaining 80% apportioned to the four defendant perpetrators, Cano, Pouzbouris, Alsaraff and Russell.
Other Information
The verdict was reached approximately three years and three months after the case was filed. No comparative negligence was found on behalf of the plaintiffs either at arbitration or trial. Nonsuit was granted in favor of the defendants, Black Angus, Blankenship and Wright, as to punitive damages at trial.
Deliberation
2+ hours
Poll
10-2
Length
7 days
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