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ARTICLE ID 162064
$________ Landlord's liability - Negligent security - Assailant shoots tenant in the head after gaining access through faulty security gate - Gunshot wound - Depressed fracture of right occipitoparietal skull - Hematoma - Right temporofrontal and parietal lobe subarachnoid hemorrhage.
Los Angeles
In this matter, the plaintiff tenant alleged that the
defendant landlord was negligent in failing to properly repair
and maintain a security gate in the plaintiffs apartment complex
which was known to have gang problems in the neighborhood. The
plaintiff sustained a gunshot wound to the head when the
assailant got past the faulty gate. The defendant denied
liability.
On February 10, ________ at approximately 5:30 a.m., the assailant
gained entry to the defendants apartment building through a
faulty security gate. The plaintiff alleged that the gate had not
been locking properly and the assailant was able to gain entry.
The plaintiff was shot in the head by the assailant. The
plaintiff survived, but sustained a depressed fracture of the
right occipitoparietal skull bone with hematoma and right
temporofrontal and parietal lobe subarachnoid hemorrhage.
There were bullet fragments present in the occipital regions and
in the posterior skull. The plaintiff was unable to move his
upper left and lower left extremities and was suffering from a
neurogenic bowel and bladder. He underwent a craniotomy with
debridement. He was hospitalized for approximately five weeks. He
now suffers from residual minor left-sided hemiparesis and visual
field damage. He had to undergo a second surgery to remove the
missile fragment from his head. The plaintiff incurred
approximately $________ in medical bills. He has been unable to
return to full time gainful employment, and alleged past wage
losses of $________.
The plaintiff brought suit against the defendant property
management company and the defendant property repair and
maintenance company, alleging that the defendant was negligent in
failing to properly secure the premises and in failing to
properly maintain the security gate. The plaintiff alleged that
the security gate was the only point of entry to the apartment
building, which is located in a known gang territory. The
plaintiff alleged that the gate had a history of repairs and a
history of problems with the self-locking mechanism not working
properly. The plaintiff alleged that on the date of the incident,
the security gate could be opened without a key. The gate had not
been locking properly, according to the plaintiff, from November
________ through the date of the incident.
The defendant property management company tendered its policy
limits of $________ to the plaintiff. The defendant property
repair and maintenance company denied the allegations and sought
declaratory relief and rescission.
The matter was eventually settled for the total sum of
$________, consisting of the $________ policy limits from the
property management defendant and $________ from the repair and
maintenance company, as well as an additional $________ from the
property owner.
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- Determine if a case is winnable and recovery amounts.
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- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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