PREMISES LIABILITY Negligent Act of Employee SETTLEMENT: CASE/NO: JUDGE: ATTORNEYS: $480,000.00 Angeles v. B.M. Shelton Properties 711 928 - Orange County Superior Court/ June 1994 H. Warren Siegel Plaintiff - Michael H. Whitehill (Kussman & Whitehill, Los Angeles) Defendant - Alan H. Boon (Hagenbaugh & Murphy, Orange)
FACTS: Angeles
On was
Saturday working parking
night, on lot his in
April Camaro an
3,
1993, his
Plaintiff brother
Sergio in an by
with
underground
apartment
building
owned
Defendant B.M. Shelton Properties Inc. were new tenants to the building.
The Angeles brothers
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. the janitor began arguing and a fight ensued. Plaintiff and 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 Plaintiff has
plastic surgery to repair a broken nasal bridge.
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. janitor's actions. The manager did not authorize the
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: $480,000.00 accepted. several
Plaintiff served a CCP ยง 998 demand for months before trial which Defendant