Confidential
Settlement – $2,400,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Michael Schonbuch
(Schonbuch Hallissy LLP)
Jason P. Tortorici
(Schilleci & Tortorici PC)
Experts
Plaintiff
Sharon K. Kawai M.D.
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Jan Roughan R.N.
(medical)
Fred Del Marva
(technical)
Defendant
John D. Case
(technical)
Thomas L. Hedge Jr., M.D.
(medical)
Andrew L. Hunt
(technical)
Lewis Yablonsky
(technical)
Alfred D. Chichester
(technical)
Facts
On March 1, 2000, plaintiff Higgins was leaving defendant Charlie's Live Entertainment strip bar when he was assaulted, shot, and robbed in the parking lot. The bar was located in a high crime area.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the parking lot was not properly lighted. The doorman/guard who usually escorted patrons to their vehicles was not present at the time the plaintiff left the bar.
DEFENDANT'S CONTENTIONS:
The defendant contended that no duty was owed to the plaintiff since no similar crime had occurred at the location. This defense prevailed in the trial court and summary judgment was granted. The plaintiff appealed and obtained a reversal of the summary judgment.
The defendant claimed that the parking lot was adequately lighted. The defendant further claimed that the doorman/guard was really an unarmed doorman who could not have prevented the crime. The plaintiff was a target because he wore ostentatious $25,000 Rolex plus gold jewelry.
Injuries
Paraplegia.
Result
$2,400,000 settlement at trial.
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