Confidential
Settlement – $50,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Stephen H. Turner
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
On May 28, 1995, the plaintiff mother, a 45-year-old teacher, was driving the plaintiff 15-year-old son home from a volunteer job at a museum when she stopped for gas off Interstate 10 in Los Angeles. The plaintiff son pumped gas and returned to the cashier for change. The plaintiff son was wearing black pants and a black and white stripped shirt (his museum uniform) and blue Nike tennis shoes with blue shoelaces (blue and white were his school colors). While in the line, the plaintiff son was accosted by a young man who asked "Where are you from?" The assailant then reached over the plaintiff son's shoulder and lifted his shirt up to see his belt. The plaintiff son was hit in the back of the head and fell to the ground. Five gang members punched and kicked the plaintiff son while he was on the ground, tore off all the plaintiff son's clothing and stole his personal effects (watch, ring, necklace, shoes and wallet). The plaintiff mother left the car to check on her son and saw him being beaten by the gang members. The plaintiff mother intervened on her son's behalf and was punched and kicked in the face. The gang members eventually fled. No one at the gas station came to the aid of the plaintiffs. The defendant gas station was located in a neighborhood which the "Bloods" claimed as their territory. Blue was the color of the Bloods' rival gang, the "Crips." Los Angeles Police Department records allegedly documented 34 criminal acts on the premises in the 15 months proceeding the attack, including carjackings, stabbings, shootings, robberies, and assaults with deadly weapon. The defendants had a contract with an outside security company for a security guard to be on the premises between 3 p.m. and 10 p.m. The subject incident occurred at approximately 2 p.m. The plaintiffs brought this action against the defendants based on negligence, battery and negligent infliction of emotional distress (Dillon v. Legg) theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$15,380.50 (plaintiff son); $5,776 (plaintiff mother) $1,217.36 (plaintiff mother)
Damages
The plaintiff son claimed $1,328 in property loss.
Injuries
The plaintiff son suffered a broken jaw which was surgically repaired with a titanium plate and four screws, facial scars and severe emotional distress. The plaintiff mother sustained two broken teeth which had to be crowned and severe emotional distress.
Other Information
The settlement was reached approximately one year and one month after the case was filed. A mediation was held before Viggo Boserup of Boserup Mediation Group resulting in the reported settlement.
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