Cecilia Encarnacion, Nubia Gonzalez, Marcos A. Gonzalez, Jr., Hilda Gonzalez, minors, by and through their GAL Cecilia Encarnacion v. Ramon Aguilera
Published: Oct. 19, 1996 | Result Date: Jul. 10, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC103364 – $5,612,500
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Facts
The decedent, Marcos Gonzalez then age 32 was the long term, putative spouse of plaintiff Cecilia Encarnacion and the father of her three young children. The defendant, Ramon Aguilera owned/managed the apartment building in which the decedent and plaintiffs lived. On March 1, 1994, he went to the apartment to collect rent from the decedent. As he customarily did when collecting rent, defendant Aguilera carried a hand-gun with him for protection. The defendant arrived at the apartment building and eventually spoke with the decedent. After the discussion ended, the defendant, in the presence of plaintiff Encarnacion and Nubia, negligently and accidentally shot the decedent mortally wounding him. The plaintiffs, the decedents putative spouse and children, brought this action against the defendant based on negligence, Dillon v. Legg and Molien v. Kaiser negligent infliction theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $100,000 (policy limits). The plaintiff claimed it withdrew the demand after "bad faith tactics" by the defendant's insurance company. The defendant made no formal offer of compromise. The plaintiff claimed that the defendant's insurer's coverage counsel indicated a willingness to settle for $50,000 - $60,000. The defendant's trial counsel was advised by the carrier that it was taking the position that there was no coverage.
Specials in Evidence
$187,500
Injuries
Death of a 32-year-old putative spouse and father.
Other Information
The verdict was reached approximately two years and two months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before _________________ (name) of ________________ (affiliation or court) resulting in ______________ . The plaintiffs brought a motion for summary adjudication on the issue of negligence based on the responses to the requests ______ (Mr. Shaver please fill in-illegible fax).
Deliberation
4 hours
Poll
12-0 (wrongful death), 12-0 (negligent infliction as to plaintiff Nubia), 10-2 (negligent infliction as to plaintiff Encarnacion)
Length
4 days
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