Confidential
Settlement – $725,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
John M. Coleman
(Coleman & Associates Lawyers)
Facts
On Oct. 4, 1994, the plaintiffs, a __-year-old machinist and a _-year-old _____________ (occupation), loitering in a parking lot which was adjacent to the defendants' parking lot. The defendant security guard for the defendant owner's property approached plaintiffs. A verbal confrontation ensued. The plaintff claimed the defendant guard then beat plaintiff with his baton. When plaintiff attempted to retreat, defendant then allegedly shot both plaintiffs several times. Both plaintiffs were lying on the ground and were attempting to crawl away, however, the defendant allegedly continued to fire upon them as was evidenced by most of the bullet wounds being to plaintiffs' backs. Neither plaintiff was armed at the time of the shooting. The plaintiffs brought this action against the defendant, the security guard, the property owner, the property manager and the security service provider based on negligence, assault and battery, intentional infliction of emotional distress and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendant made a C.C.P. º998 offer of compromise for $550,000.
Specials in Evidence
$19,817 (plaintiff machinist); 432,300 (other plaintiff) $___________ $___________ $___________
Damages
The plaintiffs sought general, special and punitive damages.
Injuries
One plaintiff alleged he sustained bullet wounds to his chest, abdomen and upper right arm; numerous contusions, a renal contusion, laceration of his liver, and a laceration of his right elbow, requiring seven days of hospitalization including one surgery. This plaintiff still has one bullet lodged in his abdomen with ongoing complaints of pain, rectal bleeding and liver disfunction. He alleged he has been unable to return to his employment as a machinist. The other plaintiff alleged he sustained three bullet wounds to his upper left back, which traveled to his left lung, right flank through the abdomen, and to the upper back traveling to his spine. He had thirteen days hospitalization including one surgery. He allegedly also sustained a punctured lung, colon injury and has a bullet still lodged in his spine; he alleged he suffers ongoing pain and limited strength and mobility and has a one foot long scar on his abdomen.
Other Information
The settlement was reached approximately _____ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on _____/_____/19___ before _______________ (name) of _____________ (affiliation or court) resulting in ___________________. EXPERT TESTIMONY: _________________ testified that ____________________.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390