Confidential
Settlement – $40,000Facts
On Sept. 24, 1998, the husband and wife plaintiffs were patrons at defendant amphitheater for a concert, sitting
fourth row, center. Defendant security company was providing security for the event, and its owner was present
without uniform. Earlier in the show, the plaintiff wife had been complaining to security regarding patrons
blocking the aisle and her view.
Defendant security company owner noticed and approached the plaintiff wife while watching the show. The
plaintiff wife repeatedly asked the security company owner to leave her alone, but the owner kept walking back
to her during the concert, claiming he was trying to help.
Security tried to seat patrons in the pit area, without success. The plaintiff husband told the security company
owner to leave his wife alone, and pushed the security company owner, knocking him to the ground. A few
minutes later, the plaintiff husband was evicted. While being escorted out, a security company supervisor
observed a security guard strike the plaintiff husband.
The plaintiff husband sued for assault and his wife sued for emotional distress for witnessing the attack on her
husband (Dillon v. Legg). The defendant security company owner cross-complained against plaintiff husband
for assault, later dismissed.
Settlement Discussions
The plaintiffs demanded $350,000 at the initial mediation. Afterwards, the defendants made a C.C.P. Section 998 offers for $10,000 to plaintiff wife, which was accepted, and $20,000 for plaintiff husband, which was rejected.
Specials in Evidence
$60 (plaintiff husband)
Other Information
</M>A mediation was held before Judge James Alfano at Judicate West, but was unsuccessful. Judge Alfano followed-up with counsel and the insurance adjuster, and ultimately orchestrated the $40,000 (gross) settlement several weeks before trial. The cross-complaint was dismissed.</M>
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