Facts

Aaron Rittger and Erin Rittger, a minor, by and through her Guardian ad Litem, Patricia Mellin, sued The Cliffs Resort LLC, John King, individually and doing business as King Ventures, City of Pismo Beach, and Leonard Williams, in connection with the death of Tricia Rittger.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Tricia Rittger was crossing a road to get to The Cliffs Resort in Pismo Beach when she was struck and killed by a vehicle driven by Williams. The decedent's survivors sued the city, the resort, the driver, and the resort's managing partner, John King, alleging wrongful death. Plaintiffs alleged that the resort and King had a written policy requiring their employees to park across the street. This policy was intended to free up parking space for guests. However, defendants failed to enforce this policy, thereby forcing guests to park away from the resort and cross a highway in the dark. Plaintiffs further alleged that cars go fast, typically 40 miles per hour, on that road, and that it had inadequate lighting. Plaintiffs further alleged that the resort was in violation of the original conditional use permit issued by the City of Pismo Beach that required that the east parking lot to be used for employee and valet parking only, and required gates or other control measures to prevent public access.

Plaintiffs alleged defendants failure to enforce its parking policy led to the decedent's death.

DEFENDANTS' CONTENTIONS:
Defendants partly blamed the decedent for the accident for being inattentive while crossing the street. Defendants also blamed the city for failing to install a crosswalk. Defendants also disputed plaintiffs' claimed damages.

Damages

The decedent's survivors sought $1,709,3000 in stipulated economic damages and an unspecified amount of general damages and punitive damages. In sum, plaintiffs sought $21.7 million on damages.

Result

Williams tendered his policy limits of $15,000, while the city settled for $1.5 million. As such, the matter proceeded against the remaining defendants, the resort and King. Next, plaintiffs entered into a high/low agreement with the remaining defendants. The parties entered into a $5 million/$1 million high/low agreement, and waived any offset due to the prior settlement with the city. Additionally, the resort agreed to cooperate with the city in building a lighted crosswalk, and failure to do so would require it to pay an additional $50,000 to plaintiffs. Ultimately, the jury rendered a verdict finding various parties partly at fault for the incident. The jury found the resort and King 10 percent at fault, the city 20 percent at fault, Williams 34 percent, and attributed 36 percent of fault to the decedent. It then awarded plaintiffs $6,709,300, which included $5 million in non-economic damages and the stipulated economic damages. The jury did not award punitive damages (12-0). Pursuant to the jury's finding of contributory negligence, plaintiffs' total recovery, including the Williams and the city's settlement, was $3,105,202.

Other Information

INSURER: AIG (excess), Sequoia Insurance Co. (primary) for The Cliffs Resort LLC

Deliberation

three days

Poll

10-2

Length

three weeks