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Personal Injury (Non-Vehicular)
Premises Liability
Wrongful Death

Chen Hwa-Chiu, et al. v. Ivy Lai, et al.

Published: Oct. 9, 1999 | Result Date: Aug. 2, 1999 | Filing Date: Jan. 1, 1900 |

Case number: GC021150 Bench Decision –  $0

Judge

Thomas W. Stoever

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Alan K. Nicolette
(Nordstrom Steele Nicolette and Blythe)


Defendant

Robert T. Bryson

Lisa M. Quan

Nelson L. Cohen


Experts

Plaintiff

Ed J. Ruzak
(technical)

Defendant

Richard A. Schmidt
(technical)

Facts

Defendant Ivy Lai owned and managed a parcel of property on Garfield Avenue in Monterey Park. She leased the property to defendant The Fong Burgers, a small fast-food restaurant. On May 2, 1997, a driver exiting a driveway on the property struck and killed the decedent, a 74-year-old woman who was walking across the sidewalk. The decedent's surviving children brought this action against Ivy Lai and The Fong Burgers based on premises liability.

Settlement Discussions

The plaintiffs made an initial settlement demand for $100,000. The defendants made an initial settlement offer of waiver of costs.

Injuries

The plaintiffs claimed damages for death of a 74-year-old mother.

Other Information

Per the defendants, the court found that the plaintiffs failed to meet their burden of establishing a triable issue of fact as to causation, because their expert failed to support his conclusions with logically relevant data. The defendants' motion for summary judgment was granted approximately one year and three months after the case was filed.


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