Robert Tumas, Kitty Tumas v. City of Los Angeles, Los Angeles Police Revolver & Athletic Club
Published: Sep. 9, 2006 | Result Date: Aug. 22, 2006 | Filing Date: Jan. 1, 1900 |Case number: BC313370 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Dora A. Gonzalez
(Office of the Los Angeles City Attorney)
Gregory K. Lee
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Experts
Plaintiff
Darrell O. Clardy
(technical)
Defendant
Marcelline Burns
(technical)
Facts
The plaintiff, a retired Los Angeles Police Department lieutenant sponsored a "Steak Fry" at the Los Angeles Police Academy for fellow employees of Securitas Security Company on Oct. 11, 2003. The plaintiff brought an 18-pack of beer to the event and also provided a keg of beer. About 30 retired police officers attended. The plaintiff arrived at 11:30 a.m. At approximately 7:30 p.m., after all but two other people had left, the plaintiff fell down the slope of one side of the picnic area. The plaintiff rolled down the slope approximately 25 feet and struck a pine tree, causing serious injuries.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the city was responsible for the dangerous condition of the slope. The plaintiff also contended that Los Angeles Police Revolver & Athletic Club was liable for supplying the beer to the plaintiff and the maintenance of the location.
DEFENDANTS' CONTENTIONS:
The defendants contended there was no dangerous condition of the slope and that the maintenance was adequate. The defendants contended that the plaintiff was intoxicated and that the plaintiff failed to take reasonable care.
Settlement Discussions
The plaintiffs demanded $5 million; the L.A. Police & Revolver & Athletic Club offered $325,000. The City offered nothing.
Specials in Evidence
$1 million; $1.5 million. $1.5 million.
Injuries
Quadriplegia and future shortened life expectancy.
Result
Defense verdict.
Deliberation
one hour
Length
two weeks
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