Facts

On June 24, 2005, plaintiff Bobby Johnson, a 50-year-old truck driver, was exiting Shaw Market Place Mall on his motorcycle, when a truck driven by defendant Richard Quan broadsided him. Plaintiff flew from his motorcycle and hit his head on the sidewalk. The accident occurred at an intersection with no stop signs. Plaintiff sued defendant for motor vehicle negligence. He sued defendants Shaw Market Place, Robert Lattanzio, Nick Lattanzio, LATCO Enterprises, CAP Investors, Marty Investors, and design firm Triad Architecture for defective design of the parking lot. Defendant Quan conceded liability and offered to settle in the amount of his policy limit.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants defectively designed the parking lot so that the intersection at the mall's exit had no stop signs as required in other, similar intersections.

DEFENDANTS' CONTENTIONS:
The defendants denied liability, contending Quan and Johnson caused the accident. The plaintiff contributed to his own injuries by negligently proceeding through the intersection without looking. Further, defendants were not required to place stop signs in the parking lots. The plaintiff's premises liability claims were baseless, but brought by plaintiff's attorneys because Quan had insufficient insurance policy limits.

Injuries

The plaintiff suffered a frontal lobe contusion and head injury from being thrown from the motorcycle. He could not resume truck-driving and became disabled after suffering a September 2007 seizure caused by the accident. He could not regain his commercial drivers license and became unemployable as a truck driver. The defendants on the defective design claim argued plaintiff's injuries were caused by his own failure to wear a proper protective helmet. The plaintiff did not seize, but suffered a stroke or TIA caused by his own pre-existing diabetic, overweight, and diabetic condition.

Result

The case settled for $1,250,000. Shaw Market Place paid $1 million, Triad Architecture paid $150,000, and Richard Quan paid $100,000.

Other Information

Insurers: Fireman's Fund for Shaw Market Place, Robert Lattanzio, Nick Lattanzio, LATCO Enterprises, CAP Investors, and Marty Investors; State Farm for Richard Quan.