Martha Umphress, Walter Rosario, Chris Cummings v. Rollerskateland of Chula Vista Inc., Augie Carniglia
Published: Jul. 12, 2008 | Result Date: Feb. 27, 2008 | Filing Date: Jan. 1, 1900 |Case number: GIC867441 Settlement – $595,000
Court
San Diego Superior
Attorneys
Plaintiff
John P. Fiske
(Baron & Budd PC)
Defendant
Paul W. Smigliani
(Intelink Law Group PC)
Facts
On June 19, 2004, plaintiffs were injured when a third party attacked them at Rollerskateland in Chula Vista. One plaintiff was fatally shot, one plaintiff was shot in the buttock, and the third plaintiff was smashed in the head with a hard object, shattering his jaw.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant negligently owned, managed and operated Rollerskateland where managers and employees planned, organized, sanctioned, and hosted a party, which was open to the public. During this party, fights erupted later in the night and plaintiffs were attacked by other patrons.
DEFENDANT'S CONTENTIONS:
Defendant claimed that he owned, managed and operated Rollarskateland as prescribed by law and that he was not responsible for his managers' and employees' actions when they hosted an after hours party at his place of business. He further contended that he was not responsible for injuries sustained by the plaintiffs.
Result
The case settled for $595,000 at mediation with Justice Howard B. Wiener ($300,000 for Martha Umpress' wrongful death; $195,000 for Walter Rosario; $100,000 for Chris Cummings).
Other Information
The plaintiffs defeated defendant's motion for summary judgment and motion to bifurcate. Plaintiffs also filed a successful motion for leave to amend complaint, adding punitive damages.
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