Shooting in city parking lot behind nightclub: Inadequate security: Paraplegia: Stipulated judgment: Structured settlement

Law Reporter, May 2001

Valentine v. Nayarit Rest. & Night Club, Cal., Los Angeles County Super. Ct., No. BC 209989, Nov. 2000.

Valentine, 37, went to a nightclub that advertised it had a secured parking area. The only parking available was a city parking lot, where Valentine parked. As she was leaving the club, her companion had a dispute with a man in the parking lot. One of the man's friends pulled a gun and fired, striking Valentine in the back. She is now a T-4 paraplegic. Her past and future medical expenses total approximately $3.87 million, and her past and future lost earnings are about $1.23 million. She also claimed emotional distress. She had been employed as an assistant school teacher.

Valentine sued the nightclub owner and the security company it had hired. She contended that the owner had undertaken to provide security to the club's patrons while they were in the city parking lot. Two guards, one employed by the club and another hired by the security company, observed the dispute, she said. Plaintiff supplied expert testimony that these guards were obligated to intervene when the confrontation was developing and that this intervention likely would have prevented the shooting.

Defendants contended they were not obligated to provide security in a public parking lot that they did not own or control. They also argued that they had no obligation to protect against criminal acts by third parties and that no amount of security would have prevented the shooting.

The owner stipulated to a judgment of $6 million. Plaintiff structured a settlement with the security company of about $1.24 million, with a present value of $925,000.

Plaintiff's expert witnesses included Richard deAnda, security, Westlake Village, Cal.; Daniel B. Kennedy, criminology, Troy, Mich.; Janice Wexler, vocational rehabilitation, Los Angeles, Cal.; Joel S. Rosen, spinal medicine, Northridge, Cal.; and Lester M. Zackler, psychiatry, Sherman Oaks, Cal.

Defendants' experts were James P. Graham, security, Agoura Hills, Cal.; Edward L. Bennett, vocational rehabilitation, Santa Barbara, Cal.; Michael A. Wienir, neurology, Tarzana, Cal.; and Jubin Merati, economics, and Brian Jacks, psychiatry, both of Beverly Hills, Cal.

Plaintiffs Counsel

*Matthew B.F. Biren, Bel Air, Cal.

*Marc Katzman, Bel Air, Cal.

Documents in Valentine v. Nayarit Rest. & Night Club are available through the Litigation Resources section in the back of this issue, courtesy of Mr. Katzman.