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CONFIDENTIAL

Aug. 16, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Negligent Security

Confidential

Settlement –  $970,000

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Daniel C. Leib

Joshua W. Glotzer
(Joshua W. Glotzer, APC)


Defendant

Robert J. Rossi
(Homan & Stone)

Cheryl Morris
(Gordon & Rees LLP)


Facts

On Sept. 7, 1999, the plaintiff, while working behind the counter at the defendantÆs property, was shot three
times in the abdomen by an armed robber. During the altercation, the plaintiff pressed a silent alarm button,
resulting in no response.
The assailant was apprehended and prosecuted and is now serving 45 years in state prison.

Settlement Discussions

The plaintiff made C.C.P. Section 998 demands of $100,000 to alarm company and $1 million (policy limits) to the mall owners.

Injuries

The plaintiff incurred injury to his abdominal area and was hospitalized for three months.

Other Information

The plaintiff settled with the mall owners for $895,000 and with the alarm company for $75,000. The case settled two days before the California Supreme Court issued their opinion in Saelzer v. Superior Court, which severely limited claimants rights in premises liability-third party criminal conduct cases.


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