3/26/2008 – Johnson v. Shaw - Settlement: $1,700,000
RESULT DATE: Dec.
4, 2007
Bobby Johnson v. Shaw Market Place, Robert Lattanzio Jr.,
Nick Lattanzio, LATCO Enterprises, CAPInvestors, Marty Investors, Triad Architecture & Planning Associates,
Richard Quan (05 CECG 02884)
Hon. Donald R. Franson Jr.
Fresno Superior
TOPIC: Personal Injury
SUB TOPIC: Auto v.
Motorcycle
FURTHER DESCRIPTION: Broadside Collision, Premises Liability
SETTLEMENT: $1,700,000
ATTORNEY:
Plaintiff - Steven C. Kirby (Kirby & Kirby, Redondo
Beach); Timothy D. McMahon (Corsiglia, McMahon & Allard, LLP, San Jose).
Defendant - Lenore C. Kelly (Wilson, Elser, Moskowitz,
Edelman & Dicker, LLP, San Francisco) for Shaw Market Place; Gregory S.
Mason (McCormick, Barstow, Sheppard, Wayte & Carruth, LLP, Fresno) for
Richard Quan; David D. Schneider, David J. Weiland (Dowling Aaron & Keeler,
Fresno) for Triad Architecture & Planning Associates.
FACTS: On June 24,
2005, plaintiff Bobby Johnson, a 50-year-old truck driver, was
exiting Shaw Market Place Mall on his motorcycle, when a truck driven by
defendant Richard Quan broadsided him. Plaintiff flew from his motorcycle and
hit his head on the sidewalk. The accident occurred at an intersection with no
stop signs. Plaintiff sued defendant for motor vehicle negligence. He sued
defendants Shaw Market Place, Robert Lattanzio, Nick Lattanzio, LATCO
Enterprises, CAP Investors, Marty Investors,
and design firm Triad Architecture for defective design of the parking lot.
Defendant Quan conceded liability and offered to settle in the amount of his
policy limit.
PLAINTIFF'S CONTENTIONS: The plaintiff contended defendants
defectively designed the parking lot so that the intersection at the mall's
exit had no stop signs as required in other, similar intersections.
DEFENDANTS' CONTENTIONS: The defendants denied liability,
contending Quan and Johnson caused the accident. The plaintiff contributed to
his own injuries by negligently proceeding through the intersection without
looking. Further, defendants were not required to place stop signs in the parking
lots. The plaintiff's premises liability claims were baseless, but brought by
plaintiff's attorneys because Quan had insufficient insurance policy limits.
INJURIES: The plaintiff suffered a frontal lobe contusion
and head injury from being thrown from the motorcycle. He could not resume
truck-driving and became disabled after suffering a September 2007 seizure
caused by the accident. He could not regain his commercial drivers license and
became unemployable as a truck driver.
The defendants on the defective design claim argued
plaintiff's injuries were caused by his own failure to wear a proper protective
helmet. The plaintiff did not seize, but suffered a stroke or TIA caused by his
own pre-existing diabetic, overweight, and diabetic condition.
RESULT: The case settled for $1,250,000. Shaw Market Place
paid $1 million, Triad Architecture paid $150,000, and Richard Quan paid
$100,000.
OTHER INFORMATION: Insurers: Fireman's Fund for Shaw Market
Place, Robert Lattanzio, Nick Lattanzio, LATCO Enterprises, CAP
Investors, and Marty Investors; State Farm for Richard Quan.
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