February 20, 2020 – Los Angeles, California. Carlsbad attorneys Golnar Fozi and Jeremy Dwork obtained a complete, defense verdict in favor of their client, Park Sycamore, LP, on February 20, 2020 in Superior Court in downtown Los Angeles. The lawsuit arose from allegations that Park Sycamore, which operated a 59-unit apartment complex in Highland Park, was responsible for a September 2016 attack which caused severe injuries to plaintiff, who was both a resident and employee of Park Sycamore.
In his lawsuit, plaintiff alleged that Park Sycamore knew that a homeless relative of a tenant had frequented the property, had previously assaulted someone near the property, and therefore should have been prevented from entering the complex. Plaintiff claimed that Park Sycamore failed to adequately secure the property, leading to his attack on September 9, 2016. Plaintiff claimed Park Sycamore was liable for injuries and asked the jury to award him $40,000,000.
At trial, evidence was presented that plaintiff’s attacker had indeed visited the property on countless occasions over the years, though he was never reported to management as a threat to tenants. Evidence was further presented that Park Sycamore maintained the property with a perimeter safety fence, and operational pedestrian and vehicle gates. Witnesses testified that property management took care of the property, and addressed concerns that arose in a timely fashion. Moreover, the evidence at trial showed that plaintiff’s attacker had evaded police on two separate occasions the night plaintiff was attacked, undermining a claim that any effort by on-site property management could have prevented plaintiff’s injuries.
As to plaintiff’s damages, it was undisputed that plaintiff sustained orbital fractures, mandibular fractures, skull fractures and intracranial hemorrhaging that required months of subsequent medical care. At trial, however, evidence was presented that the nature and extent of plaintiff’s claimed brain injury was less severe than presented. Meyers Fozi & Dwork presented several experts who explained that plaintiff’s brain injury was mild (rather than moderate/severe), and that his cognitive issues were also mild (versus major, as claimed). Experts were also called to refute plaintiff’s claim that he would require 25 years of future attendant care, alleged to be valued at more than $7,000,000.
Following five weeks in trial, and testimony by dozens of witnesses (including 16 experts), the jury found that Park Sycamore was not liable for plaintiff’s attack, and rendered a complete defense verdict.
For a complete report on the trial and the verdict: https://www.juryverdictalert.com/jury-verdicts/item/negligence-2/apt-mngmt-company-not-liable-for-attack-on-maintenance-worker
For more information on how the attorneys at Fozi Dwork & Modafferi can help you, your business or organization, please do not hesitate to call (760) 444-0039.