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CONFIDENTIAL

Feb. 25, 2006

Personal Injury
Premises Liability
Assault and Battery

Confidential

Settlement –  $2,400,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Geraldine Weiss

Stuart W. Fest


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.


#81514

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