Kathy Woodruff, et al. v. Southland Corporation, et al.
Published: Aug. 2, 1997 | Result Date: Jun. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: NC011130 Arbitration – $130,782
Arbitrator
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert A. Gutstein
(medical)
Stanley Kephart
(technical)
Defendant
John D. Case
(technical)
Jeffrey L. Rosenberg
(medical)
Facts
In the early morning hours of Oct. 17, 1992 on their way home after visiting a friend, Kathy Woodruff, a 37-year-old substitute teacher, and Anthony Pendleton, a 38-year-old general laborer, stopped at a 7-Eleven store in Long Beach owned by defendants Preecha and Sywanee Sirisut to buy some cookies. Defendant Southland Corporation is the franchisor of 7-Eleven stores in Southern California. Faafetai Tai Niusila and Curtis Leon Belvin were in the parking lot of the 7-Eleven when plaintiffs Woodruff and Pendleton arrived. Defendant Apichart Sinsonmanat, a clerk at the 7-Eleven store, had seen Niusila in the store prior to Oct. 17th and recognized him as a "bully" who "liked to challenge people into a fight." Niusila accosted Woodruff, demanding she give him her money. Woodruff refused and went into the 7-Eleven store and asked the clerks, defendants Sinsonmanat and Owen Maseuli, to call the police. They refused. Plaintiff Pendleton, in the meantime, was being chased around the parking lot of the 7-Eleven by Niusila, which Sinsonmanat witnessed. (He testified that he thought Pendleton and Niusila were "playing around.") Eventually, Niusila stormed into the 7-Eleven and grabbed Woodruff saying "You better have some money, bitch." He grabbed her purse and then grabbed her by the shoulders. Pendleton ran to the defense of Woodruff. Woodruff asked the clerks three more times to call the police; each time the clerks refused. Niusila fought with Pendleton. Pendleton was also attacked by Belvin. During the melee, Niusila brutally punched Woodruff in the face, knocked her to the ground, and kicked and stomped on her face and head repeatedly. The attack on Pendleton and Woodruff inside the 7-Eleven lasted approximately three to five minutes. Apart from the video cameras, no other security devices or precautions were in place, and no security guard was on or near the premises. Police records documented prior incidents of criminal conduct on the premises of the 7-Eleven similar to the incident of Oct. 17, 1992, in the three years preceeding the attack on Pendleton and Woodruff. Beginning approximately one year before the assault on Pendleton and Woodruff, defendant Ms. Sirisut had discussed hiring a security guard with the field representative for defendant Southland Corporation nearly every week. Defendant Mr. Sirisut also discussed the hiring of a security guard with a Southland field representative prior to Oct. 17, 1992. Ms. Sirisut was told that she would have to bear the expense of a security guard. Mr. Sirisut was told that if a store had "a lot of problems" then Southland might pay a portion of the expense of a security guard. A Loss Prevention Manager for defendant Southland Corporation confirmed that Southland Corporation in "some instances" did contribute to the expense of a security guard. The plaintiffs brought this action against the defendants based on negligence, willful misconduct and assault and battery theories of recovery.
Settlement Discussions
Plaintiff Woodcuff made a C.C.P. º998 settlement demand for $224,999. Plaintiff Pendleton made a C.C.P. º998 settlement demand for $34,999. The defendants settlement offers, if any, were not disclosed.
Specials in Evidence
$32,308 (Woodruff); $6,075 (Pendleton) $18,000-$32,000 (Woodruff)
Injuries
Plaintiff Woodruff suffered bilateral maxillary fractures (Le Forte II fracture), a left alveolar ridge fracture and a left nasal ethmoidal fracture requiring extensive reconstructive surgery and internal fixation. She will undergo future surgery to correct nasal deformities. Plaintiff Pendleton suffered injuries to his lower back, right knee, right elbow, and head, and small disc protrusions at the L4-5 level and L5-S1 level.
Other Information
The award was rendered approximately four years and two months after the case was filed. A judicial arbitration resulted in an award of $225,000 to Woodruff and $35,000 to Pendleton. The defendants requested a trial de novo. A mediation was held in December 1996, but it did not resolve the matter. Four video cameras were operating at the time of the attack. Defendant Sirisut, watched the videotape at noon the day of the attack, decided it "wasn't necessary" to save the tape and then put it back in the machine, where it was recorded over. EXPERT TESTIMONY: The defense expert testified that the plaintiffs assumed the risk by being out so late in such a dangerous neighborhood.
Length
2 days
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