Michael Duvall and Nathan Duvall v. Russian River Property Patrol, Dan Weinstein, American West, FHK Properties, Raley's, Travis Willig, George Leon
Published: Nov. 27, 1999 | Result Date: Jun. 11, 1999 | Filing Date: Jan. 1, 1900 |Case number: SCV210107 – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Ross E. Lampe
(Muro & Lampe Inc.)
Experts
Plaintiff
Frank H. Saunders
(technical)
Defendant
Donald S. Cameron
(technical)
Facts
On Sept. 14, 1994, plaintiff Nathan Duvall, an 18-year-old junior college student, and a friend rode their bicycles to the Fulton Marketplace in Santa Rosa. The plaintiffs claimed that while the boys were on the sidewalk, they were approached by two security guards, defendant George Leon and defendant Travis Willig. The plaintiffs claimed that Leon was hostile and verbally threatened the boys. The defendants claimed that the boys had been smoking marijuana earlier in the day, and that when they came to the marketplace they were riding bicycles and skateboards and cursing and taunting the security guards. Leon claimed that he told them they were breaking property rules. Nathan called his stepfather, a sawyer. When he arrived all three approached the security guards. The plaintiffs claimed that they calmly walked up to the security guards, but that Leon was immediately hostile and verbally threatened them. The plaintiffs claimed that in the midst of the verbal exchange, Leon attacked Michael with a buck knife, stabbing him twice in the chest. The defendants claimed that Michael screamed at Leon, that he was going to "beat him up." The defendants claimed that Michael said, "Take off your badge and go around back of the store to settle this man to man." The defendants claimed that plaintiffs attacked Leon, punching him in the face seven to ten times and kicking him several times before Leon pulled his knife out of his pocket, and cut Michael twice in the chest. Leon was restrained and disarmed by plaintiffs and three bystanders. Willig ran to call 911. No one was prosecuted as a result of these events. FHK owned the land at the Fulton Marketplace. American West manages the property. Raley's owned a supermarket in the shopping center. Russian River Property Patrol, the employer of Leon and Willig, is a security company owned and operated by Dan Weinstein. The plaintiffs dismissed American West, FHK Properties, Raley's, and Travis Willig in exchange for a waiver of costs.
Settlement Discussions
The plaintiffs made a global demand of $639,871, reduced to $60,000. The defendants made C.C.P. Section 998 offers of $17,500 to Michael Duvall and $5,000 to Nathan Duvall.
Injuries
Michael Duvall sustained two penetrating stab wounds to the chest and emotional distress according to plaintiffs; superficial chest wounds and emotional distress according to the defendants. Nathan Duvall suffered emotional distress.
Result
Nobody was prosecuted as a result of the incident. The plaintiffs' dismissed American West, FHK Properties, Raley's and Willig following motions in limine in exchange for a waiver of those defendant's costs. The Court granted Russian River Property Patrol and Weinstein's nonsuit to causes of action for negligent hiring, training and supervision. The court granted defendant nonsuit to Nathan Duvall's cause of action for battery. The court ruled that Nathan Duvall coult not pursue recovery for alleged physical injury, a sprained wrist he hurt while skateboarding on the day of the incident. The court ruled that the plaintiffs could not pursue punitive damages against Russian River Property Patrol and Weinstein. Due to embarrassing evidence, the plaintiffs chose to limit their emotiona distress claims to 30 days duration. Thereafter, the court ruled that Michael Duvall could not pursue independent causes of action for emotional distress due to lack of evidence.
Deliberation
80 minutes
Poll
12-0 (regarding Nathan Duvall's claim), 11-1 (regarding Michael Duvall's claim)
Length
11 days
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