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Case Results: Private Security

The following are examples of Bradley & Gmelich’s case results in matters involving Private Security, Security Negligence, Excessive Force, and General Security Guard Litigation.

Neville, James and Maria v. Kaiser / Inter-Con Security, et.

FACTS: Plaintiff suffered deep vein thrombosis following a slip and fall at a Kaiser Hospital where Inter-Con provided security. Plaintiff claimed dangerous condition and failure to provide adequate care after the incident. Wife claimed loss of consortium. Plaintiffs sought $1,000,000, including $24,000 in medical specials and $74,000 in loss of earnings.

RESULT: Plaintiff voluntarily dismissed following our filing of Motion for Summary Judgment.


Towner, Elijah v. Ralphs Grocery Company

FACTS: Plaintiff was at Ralphs Grocery Store in Inglewood when he was assaulted and shot by third party criminal assailant. Borg-Warner security guard was not in the parking lot at the time.

RESULT: Case voluntarily dismissed by Plaintiff following initial discovery.


Warner, James v. The Koll Company / Shield Security

FACTS: Plaintiff, an attorney, had his office safe broken into and property stolen. Plaintiff alleged negligent security and possible conversion by security officer. Suspect never found. Plaintiff sought punitive damages.

RESULT: Our Motion for Summary Judgment granted.


DeArmey, Matthew vs. Best Western Sea Lodge

FACTS: Plaintiff was attacked at his home on the beach. Security officer working at a different location failed to apprehend suspect who fled. Allegations include security guard negligence and negligence per se.

RESULT: Our Motion for Summary Judgment based on lack of either statutory or contractual duty is granted dismissing security company.


Bashay, Carla v. Shield Security, Inc.

FACTS: This is a security negligence case where Plaintiff slipped and fell in an office building in front of the security consul manned by Shield Security. Plaintiff claims that security guards failed to notice condition and that the marble floor of the building was a dangerous condition. Both plaintiff’s and defendant’s experts agreed that floor was dangerous. Defendants argued that procedures for ensuring safety of tenants was adequate. Alleged damages included permanent injury in the form of fibromyalgia and over $250,000 in past and future medical expenses and loss of earnings.

RESULT: Defense Verdict after one week trial.


Gantert, vs. Knott’s Berry Farm / Borg-Warner

FACTS: Knott’s Berry Farm Amusement Park sought contractual indemnity and defense for injury sustained by a Borg-Warner employee who slipped and fell outdoors at the park during a holiday party.

RESULT: Our declaratory relief action filed and our Motion for Summary Judgment granted Barring suit for indemnity by Knott’s Berry Farm.


Pugh, Velma Jean v. James Brown, MD, Borg-Warner

FACTS: Wrongful Death action in which Plaintiff is alleging security officer at urgent care facility failed to call an ambulance for her deceased husband as she pulled up to the curb. Also alleges medical malpractice against doctor’s involved. Damages included burial and funeral expenses. Punitive damages also sought.

RESULT: Case dismissed voluntarily under threat of demurrer and 128.7 sanctions.


Cooke, Mark v. Lucky’s / Borg-Warner, et. al

FACTS: Plaintiff claims he was assaulted and battered by Special Retail Division Loss Prevention Agents following his arrest for petty theft at a Lucky’s Market. He was subsequently convicted. Client’s Loss Prevention agent had problems in personnel file and independent witnesses confirm Plaintiff’s version of events and beating. Medical specials included $4,500 (chipped tooth, cracked rib; soft tissue), and punitive damages were also sought.

RESULT: Settled for $6,500 (including $1,000 contribution from co-defendant Lucky’s)


Murray, Christine v. Carpenters Decorators / Contemporary

FACTS: Plaintiff tripped and fell while attending a “Super Bowl NFL experience” event at the San Diego Embarcadero. She was an out of state resident (NY) and was treated for soft tissue after one year. Plaintiff sought $40,000 (alleged) in medical specials.

RESULT: Our Motion for Summary Judgment was granted- recovered legal fees from cross-defendant who refused out tender of defense at beginning of litigation.


Harding v. Westec

FACTS: This is a private security litigation case where Plaintiff alleged defamation and emotional distress when Westec s guard at gated community followed post orders by refusing to allow Plantiff’s gardener in on a holiday. Argument and physical confrontation ensued. Incident reported in community minutes to remainder of homeowners. Punitive damages sought.

RESULT: Motion for Summary Judgment granted. Immunity afforded to Westec by Civil Code section 47c.


Ngassa, Charles v. Inter-Con Security Systems, Inc., et. al.

FACTS: Plaintiff, an Inter-Con employee, was injured in a fight with another Inter-Con employee. Plaintiff sought $3,770.60 in medical expenses.

RESULT: Motion to Dismiss granted for plaintiff’s repeated violation of Discovery Rules and court orders.


Turner, Dolores & Russel v. Walter Banayos, Inter-Con Security Systems, Inc.

FACTS: Plaintiff fell down escalator at Los Angeles County courthouse when Inter-Con security officer abruptly turned off escalator causing Plaintiff to fall forward. Loss of Consortium was claimed by the husband. Plaintiff sought $5,100.00 in medical expenses.

RESULT: Dismissed by plaintiff under threat of 128.7 sanctions.


Blanchard, William v. Guy Ward / Inter-Con Security Systems, Inc.

FACTS: Plaintiff allegedly assaulted and battered at the Tarzana Medical Center by security supervisor. Supervisor admits to assault and to destroying the incident report. Punitive damages sought against client as security officer involved was in policy-making position.

RESULT: Case settled for $7,500.00.


Scott, Richard vs. Susan Golding / WMP Security

FACTS: Federal Court action alleging civil rights violations against the homeless of San Diego. Claim that Plaintiffs were being harassed by police, city, and security company during homeless rights demonstrations.

RESULT: FRCP rule 12(6) (6) Motion to Dismiss granted – affirmed on appeal


Brewer, Lillian v. Kaiser

FACTS: Security guard caused Plaintiff to fall and sustain serious injuries at hospital where she worked. Plaintiff sought over $10,000 in medical expenses including two surgeries.

RESULT: Voluntary dismissal after agreement with plaintiff’s counsel that security guard company was a “special employer” at the hospital and as such, that plaintiff was limited in recovery to workers compensation benefits.


Hughes, Arthur v. Forest City Mgt., Burns International Security

FACTS: This is a negligent security case where Plaintiff’s Harley Davidson motorcycle was stolen from his apartment building where Burns provided security. Plaintiff asked for general damages as well as punitive damages in addition to recovery of property loss of $1,249 not covered by insurance.

RESULT: Dismissal following filing of demurrer under threat of 128.7 sanctions.


Fireman’s Fund Insurance. Co. v. Wells Fargo Guard Services

FACTS: Subrogation claim ($9,999.99) for recovery of workers compensation proceeds paid to injured worker at premises where Wells Fargo not only provided guard services, but maintenance as well. Underlying employee slipped and fell in the office building.

RESULT: Dismissed for waiver of costs following threat of 128.7 motion and sanctions – no right to subrogate under the applicable service contract.


Prescott, Neil v. State of California / Inter-Con Security Systems, Inc.

FACTS: Plaintiff filed suit in US District Court alleging Civil Rights violations under Unruh Act and ADA. He was denied the right to park for free at the State Building in San Bernardino after the State removed the handicapped stalls from the lot. Security forced Plaintiff to leave. Punitive Damages sought as well as recovery of attorneys’ fees under 42 USC 1983 and injunctive relief.

RESULT: Rule 12 (b)(c)(6) Motion to Dismiss granted.


Solomon, Stephan v. Kaiser Foundation / Inter-Con Security Systems, Inc.

FACTS: This was a security negligence case where Plaintiff was assaulted in hospital bed by an unknown assailant who stabbed him with a surgical needle in his eye. No report ever made to police. Plaintiff sought over $75,000.00 in medical expenses and future surgery for loss of vision to left eye.

RESULT: Petition for Writ of Mandate to Court of Appeal granted, ordering lower court to grant earlier summary judgment in favor of client.


Reiley v. The Irvine Company / Shield Security, Inc.

FACTS: Plaintiff assaulted in parking lot outside Edwards Cinema by unknown assailants. Allegations included negligent security by Shield for allowing “tailgate party” in parking lot. $4,000 sought in medical expenses.

RESULT: Plaintiff voluntarily dismissed under threat of sanctions.


Davis, Valerie v. Children’s Hospital L.A., Inter-Con Security Systems, Inc..

FACTS: Plaintiff physically restrained when she tried to take her son out of the hospital without authorization while under the influence. Claims included security guard excessive force and false imprisonment. Punitive damages were sought, as well as medical specials in the amount of $1,044.86. Independent witnesses supported plaintiff’s contentions.

RESULT: Dismissed for waiver of costs. Case was defensed at arbitration.


Posner, Judith v. R.W.H. Holding Co. / Wells Fargo Guard Services.

FACTS: Plaintiff’s West Hollywood apartment, located in a secure building, was burglarized. Claims negligent security allowed the loss to occur. Property loss alleged to be $26,789.25 plus additional unspecified damages in the sum of $5,000. Co-defendant property owner also sued for negligent misrepresentation

RESULT: Settled for $3,500 prior to depositions and arbitration.


Kingston, et. al. V. Lucky Stores, Borg-Warner Protective Services.

FACTS: Plaintiff stopped and detained by Burns Special Retail Loss Prevention Agents. Plaintiffs were observed putting merchandise in purse, but when purse was opened, merchandise was gone. Plaintiffs claimed stop and detention was humiliating and also caused physical injuries. Punitive damages were sought and medical specials were unknown.

RESULT: Case settled for $450.00 at deposition of plaintiff.


Perkins, Herman L. v. Ralphs Grocery Co./ Wells Fargo Guard Services.

FACTS: Plaintiff was assaulted and battered by a security guard in grocery store while in the process of apprehension for stolen goods. Medical specials were $54,211.

RESULT: Dismissal for waiver of costs prior to arbitration.


Bakalyan, Shake v. Ampco Parking Systems, et. al..

FACTS: Cross-Complaint filed against Burns Security for slip-and-fall in office building parking lot. Burns provided security in the parking structure where the accident occurred. Plaintiff sought $19,000 in medical damages, plus future surgery.

RESULT: Plaintiff dismissed case upon written stipulation to waive costs.


Gonzalez, Enrique v. Kaiser / Inter-Con Security Systems, Inc.

FACTS: This is a security guard litigation case where Plaintiff is alleging Negligent and Intentional Spoilation of Evidence by hospital and security. Security guards took photos of defective ladder that fell, injuring Plaintiff. In underlying suit, Plaintiff discovered that the lost photos and the hospital destroyed the ladder. Punitive damages, loss of earnings ($350,000), and medical specials ($200,000) sought.

RESULT: Motion for Summary Judgment GRANTED on issues of negligent and intentional spoilation of evidence.


Nippon Fire & Marine Ins. V. PST Vans, Inc., Burns International.

FACTS: $1.2 Million in laptop computers stolen at a freight yard where Burns supplied security. Allegations of breach of contract, negligence and conversion alleged. Client considered Motion for Summary Judgment based upon third party beneficiary to contract. Plaintiff sought $1.8 million in damages.

RESULT: Settled for $90,000


Allen & Gordon v. COLA/ C.S.C. .

FACTS: This is a security guard litigation case where Plaintiff stabbed was by female patron while at Hollywood Bowl attending concert. CSC provided crowd control. Allegations included negligent hiring and inadequate security. Damages included loss of earnings in $10,000-15,000 and medical specials In excess of $20,000.

RESULT: Motion for Summary Judgment Granted.


Williams, Beth v. Inter-Con Security Systems, Inc..

FACTS: Plaintiff alleges she was assaulted by Inter-Con security officer with a baton while she was at work after her son refused to walk through the metal detectors. Alleged negligence and intentional tort and sought punitive damages. Plaintiff sought $2,000 in medical specials, punitive damages, and an alleged $3,000 in loss of earnings. We cross-complained against Plaintiff’s son.

RESULT: Settled for $750.00 prior to discovery.


Bodnar, John v. Harbor Express Co..

FACTS: Security guard involved in vehicle accident at Sea Land Terminal in Port of Los Angeles while patrolling area. McRoberts Protective Agency Inc. owned vehicle and employed driver. Sea-Land employed other driver and owned other vehicle. Damages included $200,000 in medical specials and $150,000 in loss of earnings.

RESULT: Co-Defendant settled with plaintiff, globally, for $125,000.00 and dismissed client on complaint. Co-Defendant pursued cross-complaint against client. Cross-Complaint settled for $5,000.


Peter and Paula Anast v. Kimberlite Corporation, et al.

FACTS: Plaintiffs’ house was burglarized. $156,225 (alleged) worth of jewelry stolen. Defendant client installed and monitored alarms.

RESULT: Settled for $350 before filing an answer after B&G attorneys invoked the limitations of liability


Bonafede vs. California Department of Motor Vehicles,et. al.

FACTS: Plaintiff, a patron of the DMV where Defendant provided security, tripped on carpet, causing her to fall. Economic damages were $44,000 and general damages were $250,000.

RESULT: Case settled at mediation for $10,000


Navid Hasid v. Auerbach Family Trust of 1987, et al.

FACTS: Plaintiff was accosted in the parking lot of a supermarket by a transient. Plaintiff was hospitalized. Defendant property owner cross complained against the security guard company. Contract provided for indemnification by property owner. Plaintiff claimed over $40,000 in medical damages.

RESULTS: Under threat of cross-complaint, the security guard company was DISMISSED in exchange for a waiver of costs. (Property owner paid $100,000 at mediation to plaintiff.)


Mark Majestic v. Kaiser Foundation Hospital, et al.

FACTS: Plaintiff left a hospital pharmacy after refusing to pay for a prescription drug (Levitra), essentially shoplifting the product. Security was called and plaintiff ran. Plaintiff struggled with the security guard, who used force. Plaintiff claimed permanent hand and hip injuries, including $126,000 in medical specials. General damages were $400,000.

RESULT: The case settled for $7,500 following vigorous discovery from B&G’s attorneys.


Kristi McCall, et al. v. Swinerton Builders, et al.

FACTS: Plaintiff, a patron inside of the State building, walked into a glass partition, breaking her nose. She claimed the dangerous condition should have been prevented. Medical specials were $10, 400 and general damages for $80,000.

RESULT: Plaintiff voluntarily dismissed the security company in exchange for a waiver of costs.


Rosa Argomaniz v. County of Los Angeles, et. al.

FACTS: Plaintiff’s photo was posted at County facility, placing her in a bad light. Securitas provided security at the location. Plaintiff alleged civil rights violations against Securitas and County of L.A. Plaintiff sought $75,000 in punitive damages and attorney fees per statute.

RESULT: Case successfully settled $20,000 for our security company client.


Darryl Brumfield v. Brinks Incorporated, et al.

FACTS: Plaintiff worked in the building as a “security receptionist-usher” and responded to a call about the bank being robbed. Plaintiff “arrived in the bank’s lobby just as an armed security guard employed by defendant Securitas was chasing down the two robbers. By that time, Plaintiff was allegedly standing “a few feet away” when the security guard pointed a gun at Plaintiff’s face and yelled obscenities. The officer allegedly did not lower his weapon until Plaintiff backed off “as fast and as far as he could.” Plaintiff sought $75,000 in loss of income and medical costs.

RESULT: MSJ granted, finding of no duty.


Ernest Jesse Mendoza v. Weingart Center Agency, et al

FACTS: This is a security guard excessive force case where Plaintiff alleged that he was battered by security guards employed by the defendant while being escorted from the Weingart Center, where he had been living. Plaintiff also alleges that Defendant took property from his room after his ejection from the facility. Plaintiff claims that some items of his personal property were never returned to him. He sought medical damages of $11,563.50 and general damages of $48,436.50.

RESULT: Dismissed by Court following motions for discovery abuses.


Eva Orozco, et. al. vs. South Bay Galleria, et. al.

FACTS: As a result of a spill, Plaintiff slipped and fell on her neck, back, and bottom. At the scene of the accident, Plaintiff experienced right leg, right arm, back of the neck, and pain in the tailbone area. Plaintiff sought $40,000 in damages.

RESULT: Voluntary Dismissal in exchange for waiver of costs.


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