Confidential
Settlement – $500,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Sonia M. Mercado
(Sonia Mercado & Associates)
R. Samuel Paz
(Law Offices of R. Samuel Paz)
Defendant
Facts
On Aug. 27, 1995, the plaintiff and his friends were at a crowded dancing hall in La Puente and were looking for seating when another patron pushed the plaintiff and a verbal argument ensued. The security personnel intervened and the plaintiff and his friends left to avoid problems. They went to have a late night snack at the defendant's popular after hours drive-through. The plaintiff and his friends arrived at the common areas of the plaza, near the front door of the defendant's drive-through. The other patron also went to the plaza at the defendant drive-through. As other patron walked from his car, he walked toward the front door of the defendant's drive-through near where the plaintiff was sitting on the rear of his car, waiting his friends for purchase their food. As another patron walked by, he recognized the plaintiff and showed him a pistol in his belt. One of the plaintiff's friends saw the gun, and went and told the security guards. The security guards took no action. The other patron challenged the plaintiff to fight and a crowd of onlookers gathered. The other patron took out of his gun, and held it in open view, pointing it at the plaintiff's head for a period of four to five minutes. The other patron apparently pulled the trigger but the gun failed to fire, and the crowd laughed at him. The plaintiff and his friends believed the other patron was simply drunk with a dysfunctional gun, and was not to be taken seriously. However, the security personnel failed or refused to intervene or call the police, or the RSI security officers. The other patron walked back to his car where his gun discharged, he then came back toward the plaintiff who remained seated on the rear of his car, arms crossed. The security again failed to intervene or call the police. The other patron held the gun at the plaintiff's head for about two to three minutes. The plaintiff did not make an attempt to leave and told "fight me like a man," meaning for him to put his gun down. According to the defendant, the plaintiff told the other patron to "Go ahead, shoot me. You don't have the balls." The other patron then shot the plaintiff. The defendant drive-through provided the security for the drive-through, and the plaza mall was responsible for providing security to the common areas of the entire mall, and did so through their agents. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_____________ . The defendants made a C.C.P. º998 offer of compromise for $________________ .
Injuries
The plaintiff sustained a gunshot wound to the head, suffering from permanent injuries.
Other Information
The settlement was reached approximately three years and six months after the case was filed.
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