Confidential
Settlement – $7,243,400Court
L.A. Superior Central
Attorneys
Plaintiff
Marc J. Katzman
(Marc Katzman Law)
Matthew B.F. Biren
(Biren Law Group)
Defendant
Rene J. Kern Jr.
(Kern Law Group)
Warren L. Gilbert
(Hosp Gilbert & Bergsten ALC)
Experts
Plaintiff
Richard deAnda
(technical)
Janice Wexler
(technical)
Robert W. Johnson CPA
(technical)
Joel S. Rosen
(medical)
Jan Roughan R.N.
(technical)
Lester M. Zackler M.D.
(medical)
Daniel B. Kennedy
(technical)
Defendant
Brian P. Jacks
(medical)
Edward L. Bennett M.A.
(technical)
James P. Graham
(technical)
Michael A. Wienir M.D.
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
On Oct. 31, 1998, the plaintiff, a 37-year-old assistant school teacher, went with some friends to defendant
restaurant and dance club on Sunset Blvd. in Los Angeles. Defendant M owned and operated the nightclub.
Defendant M hired defendant security company to provide security inside and outside the club.
The club advertised that there was secured parking in the back. However, the only parking available in the
back was a City parking lot, where the plaintiff parked her truck. When the plaintiff was departing, her female
companion offered a ride in the plaintiffÆs truck to a man she had met in the club.
The plaintiff then got into a heated dispute with her male companion, regarding whether she should drive this
"third man" home. After the plaintiff and her male companion argued for some time, the plaintiffÆs male
companion got into a heated dispute with the third man.
At that point, several of the third manÆs associates rushed to the plaintiffÆs vehicle and one of them then started
arguing with the plaintiffÆs male companion. After several minutes, one of the third manÆs associates pulled
out a gun and shot at the plaintiffÆs male companion, striking the plaintiff in the back.
Settlement Discussions
The plaintiff demanded $1 million, the policy limit, from defendant security. Defendant securityÆs prior offer was $500,000.
Specials in Evidence
$3,871,348 $1,233,284
Injuries
The plaintiff sustained T-4 paraplegia.
Other Information
Scottsdale Insurance denied coverage to defendant owner and operator, which assigned its claim against Scottsdale and its brokers and agents to the plaintiff.
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