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 (Non-Vehicular)
Premises Liability
Dangerous Condition

Jesus Balmudez v. Irma Bustos

Published: Mar. 16, 2002 | Result Date: Jan. 31, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 790704 –  $0

Judge

William M. Monroe

Court

Orange Superior


Attorneys

Plaintiff

Rhonda K. Walker

Joe B. Cordileone


Defendant

Thomas G. Wianecki
(Wesierski & Zurek LLP)


Experts

Plaintiff

Mark S. Newman
(medical)

Facts

On Feb. 21, 1997, two armed gang members (The Cholos) invaded the home of the defendant in
Costa Mesa. The defendant ran from her house and sought help from a neighbor, the plaintiff.
The defendant had left a young child inside the house, together with two cousins. The plaintiff
took an unloaded shotgun with him and went into the street to confront the perpetrators. In doing
so, he was shot and sustained injuries.

Settlement Discussions

The plaintiff submitted a C.C.P. Section demand of $100,000. The defense offered $3,500.

Specials in Evidence

$63,000 The plaintiff was employed as a $9 per hour construction worker. He was unable to work for six months, and when he did return to work, he was only able to work 16 hours weekly, down from 30. $10,000

Injuries

Fractured upper right arm; severe nerve damage; two surgeries with permanent loss of motion and grip loss.

Other Information

PLEASE PROVIDE THE FULL NAME OF DETECTIVE P. __________ MCCARTHY AND DETECTIVE __________ CAPUCCILLI

Deliberation

35 minutes

Poll

12-0

Length

three days


#90550

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

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