This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises
Inadequate Security

Paul Valles v. Aceguard Incorporated, dba Ace Security Services, Saga Enterprises, dba Black Angus Restaurant, et al.

Published: Jan. 17, 1998 | Result Date: Dec. 9, 1997 | Filing Date: Jan. 1, 1900 |

Case number: PC011883Z Verdict –  $237,000

Judge

John P. Farrell

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

William R. Chapman


Defendant

Robert S. Rubin
(Law Offices of Norman Nadel)


Experts

Plaintiff

Robert L. Jarvis
(technical)

Donald S. Wiss
(medical)

Facts

On the evening of March 25, 1993, plaintiff Paul Valles, was a patron at the Black Angus Restaurant in Northridge. As plaintiff was exiting the lounge after closing, he was confronted by an individual. The plaintiff informed the individual that he did not want any trouble, after which, he was struck over the right eye. The plaintiff retaliated in kind and was attacked by several individuals. The plaintiff was injured during the ensuing melee. The plaintiff brought this action against the defendants Ace Security Services and Black Angus Restaurant based on negligence and premises liability theories of recovery.

Settlement Discussions

No settlement demand was made by plaintiff. The defendant made an offer for $20,000.

Specials in Evidence

$23,867.27 $14,000 $__________ $__________

Injuries

The plaintiff claimed to suffer a comminuted fracture of the right tibia and fibula, requiring emergency open reduction of fractures and placement of external fixation device for strength and support.

Other Information

The verdict was reached approximately four years and nine months after the case was filed. A settlement conference was held on August 24, 1995 before Judge Waddington of JAMS/Endispute, resulting in the scheduling of an arbitration hearing before Francis A. Sparagna, Esq. Per plaintiff, the arbitrator found negligence (40 percent) the part of defendant, ARG Enterprises and 60 percent caused by the perpetrator who broke plaintiff's leg. The arbitrator also found defendant AceGuard Incorporated, dba Ace Security Services, blameless. An award was made in favor of Plaintiff Valles against SRG Enterprises in the sum of $162,873.83.

Deliberation

six hours

Poll

12-0 (negligence)

Length

six days


#87334

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390