Adriana Thompkins v. Tropical Realty, Inc., M&M Property Management, and Does 1 through 100, inclusive
Published: Dec. 1, 2017 | Result Date: Jan. 31, 2017 | Filing Date: Apr. 19, 2013 |Case number: BC506585 Settlement – $500,000
Mediator
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
C. Michael Alder
(AlderLaw PC)
Allison L. Stone
(AlderLaw PC)
Defendant
Ronald Zurek
(Wesierski & Zurek LLP)
Facts
Adriana Thompkins sued Tropical Realty Inc. and M&M Property Management, in connection with a shooting at an apartment building that allegedly occurred on Nov. 11, 2012.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff was in the car with her boyfriend and niece when she pulled up to the parking lot of her apartment complex. As she entered the lot, she did not notice anyone there, but her niece screamed soon after she parked her car. Then, she saw three men run into the driveway from the sidewalk. The men chased her boyfriend, who then ran towards the apartment building. Fearing for their safety and the safety of her family members who lived in the apartment, plaintiff ran after the three men. The men reached a dead-end and turned around to face plaintiff. Plaintiff and her sister, who had joined her at this point, told the men that there were children present. However, the men claimed they did not care and claimed they were from a criminal street gang. One of the men had "18th Street" tattooed on his forehead. That man shot plaintiff while another punched plaintiff's sister in the face.
Plaintiff sued defendants alleging premises liability. Defendants allegedly failed to provide adequate security, placing their tenants and invitees in danger. Plaintiff contended that defendants had a duty to protect them from harm given the area, a high-crime area allegedly controlled by the 18th Street Gang. However, defendants refused to install or provide any security measures such as a locked gate, alarm systems, and others.
DEFENDANTS' CONTENTIONS: Defendants denied any responsibility for the safety of their tenants. Defendant argued that the incident was an unforeseeable third party criminal act for which they were not liable.
Damages
Thompkins sought $71,000 in past medical expenses and an unspecified amount in damages for future medical expenses, past and future wage loss, and past and future pain and suffering.
Injuries
Thompkins was shot in the neck and rendered paralyzed from the chest down. Consequently, she could no longer ambulate without the help of a wheelchair. Thompkins required 24-hour care and assistance.
Result
The parties reached a $500,000 settlement.
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