Case Results: Employer Defense – Negligence & Premises Liability
The following are examples of Bradley & Gmelich’s Employer Defense case results in matters involving Negligence and Premises Liability.
Milos Andrejic, et al. vs. Juan Antonio Castillo, et al..
FACTS: Plaintiffs and their children went to Tequilas Restaurant Bar & Grill for dinner. Plaintiff ate a dish that consists of crab meat, shrimp, chicken meat, and diced avocado. H&N Foods supplies Tequilas Restaurant with fresh fish and frozen seafood. Within five hours of eating, Plaintiff became very ill. He arrived at the hospital in respiratory failure, was intubated, and placed in a medically induced coma. He was diagnosed as having aspiration pneumonia that caused his respiratory failure and sepsis. While in the hospital, he suffered from encephalopathy and contracted acinetobacter baumannii. Initial demand was $1,000,000 made to Tequilas Restaurant.
RESULT: Case was successfully dismissed.
Shively v. Classic Party Rentals, Inc., et al.
FACTS: Plaintiff was a security guard at an annual fashion event staged by Macy’s at the Santa Monica Airport called Macy’s Passport. Our client was hired to provide the tents, tables, chairs, stem ware, flatware, tablecloths and kitchen equipment for the event. Plaintiff tripped and fell over a raised forklift located at the event’s premises during the set-up for the event. As a result of tripping and falling over the raised forklift, Plaintiff sustained annular disc tearing, disc protrusion and a facet arthropathy. Plaintiff underwent epidural injections and back surgery as a result of the incident. The initial demand was $887,500.
RESULT: Motion for Summary Judgment Granted.
Louie Ivan Menjivar v. Inocencio Lara Carranza, et al..
FACTS: This lawsuit arises from an incident wherein the grinding wheel of an electric grinder became dislodged during a demonstration, and struck Plaintiff in the face. The incident occurred at the Sante Fe Swap Meet. The initial demand was $150,000.
RESULT: Case settled for $10,000.
Darlene H. Olivarez, et al. v. Citadel Outlets, etc., et al..
FACTS: Plaintiffs, Olivarez and Lopez were shopping at the Citadel in Commerce. While inside the Corningware store, a verbal dispute arose between Olivarez and several individuals. As Lopez exited the store, she was allegedly jumped by the four individuals. Olivarez, an off-duty deputy sheriff, announced her position as a police officer, ordered the individuals to cease and intervened in the altercation. The altercation continued. At the same time, employees of Corningware and other retailers contacted security at the mall, which ran to the location. Although arriving quickly, by the time security arrived, the altercation had ceased. The initial demand for both plaintiffs was $1,000,000.
RESULT: Motion for Summary Judgment granted as to Oliverez (Firefighter’s rule)-Upheld on Appeal. Settled with Lopez for $7,500.00.
Lee Gilmore v. Arden Realty Limited Partnership.
FACTS: This case stems from a trip-and-fall accident that occurred in front of a commercial building. Plaintiff, who is a resident of the Salvation Army senior apartment complex, immediately south of the building, was walking in front of the building. Plaintiff rented a monthly parking space at the subject building and was seen at or around the building on a daily basis by the building’s security guards. However, Plaintiff alleges he has never walked over the portion of sidewalk on which he fell prior to the date of the subject incident. Plaintiff claims that while walking on the sidewalk just past the driveway to the parking garage (where he rents a parking space), he caught his toe on an area where tile was broken and fell forward onto his hands and knees. There were no witnesses to the incident. The initial demand was $25,000.
RESULT: Motion for Summary Judgment was granted.
Jose Carillo vs. Misak Vardanyan, et al.
FACTS: The incident occurred when the Defendant was delivering asphalt to the job site in his truck, where Plaintiff was working. Defendant’s truck rolled over Plaintiff’s foot while he was working in the parking lot. Defendant was an independent truck owner/operator hired to deliver asphalt from a Vulcan plant to a job for S&S Paving. The initial demand was $1,000,000.
RESULT: The matter was settled as to our client. We tried the independent contractor issue on behalf of Canyon Trucking and obtained a defense verdict.
Roni Mazuz v. Jevic Transportation, Inc., et al.
FACTS: While attempting to back into a drive-way of a business located near a double set of railroad tracks, a 60 foot -long tractor-trailer became stuck on the tracks and was struck by an on-coming Amtrak train. The force of the collision pushed the trailer portion of the truck into the traffic stopped at the crossing gate on the opposite side of street, striking the vehicles operated by both plaintiffs. The truck driver claimed that the eastbound crossing gate arm descended too quickly into the space between the tractor and trailer; as such, he was unable to get out of harm’s way. Initial demands were $500,000-600,000 by the first plaintiff and $4,000,000 by the second plaintiff.
RESULT: Case was dismissed for waiver of costs at mediation by both plaintiffs following filing of MSJ by Mass Electric.
Sally Boehm vs. Arden Realty, et al.
FACTS: Plaintiff alleges she tripped over a raised brick paver and struck her face on a concrete bollard which separated the pedestrian walkway and the visitor parking area in front of a commercial building. Plaintiff did not personally observe what was the object that her right toe hit and was not looking down before she fell. Initial demand was $75,000.
RESULT: All parties settled outside of court for $32,500. State Farm General Insurance Co. v. Tracerton Enterprises, Inc., et al.
Reliance Insurance Co. v. Tracerton Enterprises, Inc.
FACTS: A fire erupted in the hot water heater closet on the top floor of a building where Coldwell Banker was the sole tenant. Tracerton Enterprises Inc. was the maintenance company which had a contract with Coldwell Banker to provide janitorial services for the building. Initial demand was $1,154,000.
RESULT: Following a 9 day trial, the jury returned a defense verdict, finding that Tracerton was not negligent.
Yolanda Gutierrez v. The TJX Companies, Inc.
FACTS: Plaintiff was shopping in a T.J. Maxx store looking at picture frames. Plaintiff alleges in her complaint that “suddenly, without warning a steel fireplace accessory dropped on plaintiff’s left side and toes.” There was a dispute as to what fell on plaintiff. She claimed it was a large, metal object weighing approximately 30 pounds, while the store manager said it was a small picture frame weighing no more than 5 pounds. Plaintiff’s deposition revealed that plaintiff actually picked up the object after it fell, placed it back on the shelf, and it fell a second time, striking plaintiff in exactly the same spot as the original injury. The initial demand was $100,000.00.
RESULT: Case settled for $4,000.00 two weeks before trial.