Contractor assaulted at commercial property claims brain injury. $1.9M. Orange County.
Contractor is assaulted at commercial property after argument with property manager, claims traumatic brain injury.
- Case Name: Juan Murillo v. Walsworth Property Management, Inc.
- Court and Case Number: Orange County / 30-2018-00970253-CU-PO-CJC
- Date of Verdict or Judgment: Thursday, March 04, 2021
- Type of Action: Negligence
- Judge or Arbitrator(s): Hon. Richard Y. Lee
- Plaintiffs: Juan Murillo, 48, handyman
- Defendants: Walsworth Property Management, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,900,000
- Non-Economic Damages:
- Attorney for the Plaintiff:
The Vartazarian Law Firm by Matthew Whibley and Kenneth Traynham, Calabasas.
- Attorney for the Defendant:
Belofsky Law Group by David Belofsky, San Pedro.
- Plaintiff’s Medical Expert(s):
Ronald Fisk, M.D., neurology.
Bradley Jabour, M.D., neuroradiology.
Swaraj Bose, M.D., neuro-ophthalmology.
- Defendant's Medical Expert(s):
Barry Ludwig, M.D., neurology.
Michael Brant-Zawadzki, M.D. neuroradiology.
John Hofbauer, M.D., ophthalmology.
Kyle Boone, Ph.D. neuropsychology.
Facts and Background
- Facts and Background:
On November 19 2017, plaintiff was working with his son doing minor renovations at a commercial property in Santa Ana. They filled up a dumpster at the property with debris. Defendant property manager was upset about the dumpster being full. Soon three men including the property handymen began assaulting plaintiff while the property manager watched.
- Plaintiff's Contentions:
That the property manager asked his own handyman to assault plaintiff.
That the property manager negligently brought about the fight and failed to stop it.
- Defendant's Contentions:
The property manager alleged he had nothing to do with bringing the handyman to the scene; that the fight was started by plaintiff and his son, and that the aggressor was a day laborer whom he didn’t know.
Also, that plaintiff's injury was a concussion at most. Defendant's experts pointed to a Glasgow coma scale of 15/15 at scene, body cam footage showing plaintiff alert and oriented minutes after the incident, negative head CT scan in the ER, and negative brain MRI in the ER to show no permanent brain injury.
Demands and Offers
- Plaintiff §998 Demand: $900,000
- Defendant Final Offer before Trial: $400,000