Facts

On Feb. 3, 2007, plaintiff, Austin Weisman, age 23, was a passenger in a vehicle that was struck broadside by an oncoming vehicle. The collision occurred when the driver of plaintiff's vehicle attempted a turning movement while parked at the curb on Pacific Coast Highway in front of Moonshadows Malibu Restaurant.

As a consequence of the impact, the plaintiff was ejected from the vehicle, sustaining brain damage as well as other severe and permanent injuries.

PLAINTIFF'S CONTENTIONS:
As to defendant Zachary Adam Weisman: The plaintiff contended that Zachary Adam Weisman was a substantial factor in causing the accident by making an unsafe turning movement into oncoming traffic.

As to defendant Marc Franklin Weisman: Marc Franklin Weisman was the owner of the vehicle in which plaintiff was a passenger. The plaintiff contended that Marc Franklin Weisman entrusted his vehicle to co-defendant Zachary Adam Weisman, who operated the vehicle with his permission and consent.

As to defendant Gabriel Bologna: Gabriel Bologna was the owner and driver of the vehicle that collided into the vehicle in which plaintiff was a passenger. Bologna was driving at an excessive rate of speed on Pacific Coast Highway, was inattentive to the traffic ahead, failed to slow down, and failed to take evasive action to avoid colliding with the Weisman vehicle, which had almost completed its turn at the time of the accident.

As to defendant city of Malibu: The city of Malibu was under a mandatory duty imposed by various code sections, statutes and enactments to control, regulate and limit parking of automobiles at various business establishments, including the Moonshadow's restaurant located on Pacific Coast Highway and within the city of Malibu. Such enactments existed and were designed to require that business establishments such as Moonshadow's provide adequate off-street parking to protect Moonshadow's restaurant patrons from the risk of being struck by passing motor vehicles when departing the restaurant in their vehicles.

As to defendant Moonshadow's Restaurant: Austin Weisman was a passenger in the vehicle that was parked at the red curb in front of Moonshadow's' valet parking lot with other vehicles directly behind it. The plaintiff contended that Moonshadow's knew numerous other accidents had occurred in front of their restaurant involving automobiles attempting to leave the restaurant and merge onto Pacific Coast Highway; that Moonshadow's failed to take appropriate measures to warn customers of traffic approaching at high rates of speed and to assist customers in merging onto Pacific Coast Highway. Further, Moonshadow's failed to provide adequate safe parking and delivered patrons' vehicles at an illegal red curb, which was also a position that made it extremely difficult to see approaching traffic traveling southbound on Pacific Coast Highway.

As to defendant National Valet Parking: Austin Weisman was a passenger in the vehicle that had been parked by defendant National Valet Parking at Moonshadow's Restaurant. The plaintiff contended that the vehicle had been parked at the red curb in front of the Moonshadow's' parking lot with other vehicles directly behind it. Knowing that numerous other accidents had taken place in front of their restaurant involving automobiles attempting to leave the restaurant and merge onto Pacific Coast Highway, National Valet Parking failed to take appropriate measures to warn customers of traffic approaching at high rates of speed and to assist customers in merging onto Pacific Coast Highway. Further, National Valet Parking failed to provide adequate safe parking and delivered the patrons' vehicles at the illegal red curb, which was also a position that made it extremely difficult to see approaching traffic traveling southbound on Pacific Coast Highway.

Settlement Discussions

On March 18, 2008, the plaintiff served his offer to compromise pursuant to C.C.P. section 998 and C.C. section 3291 to defendants Zachary Adam Weisman and Marc Franklin Weisman in the amount of $2.5 million. Defendants Zachary Adam Weisman and Marc Franklin Weisman paid their policy limits of $2.5 million.

Specials in Evidence

$582,229 Unknown

Injuries

The plaintiff was airlifted to UCLA Medical Center. He was diagnosed with acute traumatic subdural hematoma, right frontal intracerebral hemorrhage, massive brain swelling (right hemispheric), multiple facial fractures (orbits, maxillary sinuses, ethomoid region, temporal, ZMC fracture on left and sphenoid bones), right avulsed ear, bilateral pneumothorax, left clavical fracture and multiple rib fractures.

Other Information

The case continues as to the remaining defendants. Zachary and Marc Weisman's motion for good faith approval under 877.6 was granted. Insurer: Auto Owners Insurance for Zachary Adam Weisman and Marc Franklin Weisman.