Kussman & Whitehill

Verdict & Settlement Summary

PREMISES LIABILITY
Negligent Act of Employee

SETTLEMENT:

$480,000.00

CASE/NO:

Angeles v. B.M. Shelton Properties
711 928 - Orange County Superior Court/ June 1994

JUDGE:

H. Warren Siegel

ATTORNEYS:

Plaintiff - Michael H. Whitehill (Kussman & Whitehill, Los Angeles)

Defendant - Alan H. Boon (Hagenbaugh & Murphy, Orange)

FACTS: On Saturday night, April 3, 1993, Plaintiff Sergio Angeles was working on his Camaro with his brother in an underground parking lot in an apartment building owned by Defendant B.M. Shelton Properties Inc. The Angeles brothers were new tenants to the building. The manager of the apartment building and the janitor came home at approximately 11:00 p.m. after drinking beer at the home of a friend. Plaintiff was working on his car and parked in a location in violation of apartment rules.

The manager requested plaintiff to move his car. The manager left to go to his apartment and the janitor remained in the parking lot with Plaintiff and his brother. Plaintiff and the janitor began arguing and a fight ensued. The janitor pulled out a gun and pistol whipped Plaintiff's brother and shot Plaintiff in the face. The janitor then fled from the scene and never has been apprehended.

INJURIES: Plaintiff was hospitalized three weeks and underwent plastic surgery to repair a broken nasal bridge. Plaintiff has suffered a seventy-five percent reduction in vision to his right eye.

CONTENTIONS: Plaintiff contended that defendant was negligent in hiring the janitor who had a prior criminal record and had been involved in one previous fight with a tenant. Plaintiff also contended that the janitor was acting as a subagent of the manager whose responsibilities included prohibiting tenants from working on cars and parking in unauthorized locations. Defendant contended that this was a personal argument between the janitor and the Angeles brothers and did not flow from the janitor's assigned duties. The manager did not authorize the janitor's actions. In any event, Defendant contended the act of shooting Plaintiff was clearly outside the course and scope of any conceivable employment.

SPECIALS: MEDS $111,403.46. Plaintiff was an undocumented alien and had no wage loss.

SETTLEMENT DISCUSSIONS: Plaintiff served a CCP § 998 demand for $480,000.00 several months before trial which Defendant accepted.

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