Verdicts: Lundes Garrett v. Twin Parks Northeast Site 2 Houses

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Case Type: Assault
Settlement: $1,850,000.00
Case: Lundes Garrett v. Twin Parks Northeast Site 2 Houses, Inc. and R.Y. Management Co., Inc. v. Apex Investigation and Security Co., Inc., No. 17330/94
Venue: Bronx Supreme, NY
Settlement Date: 04-16-1999

PLAINTIFF(S)
Attorney:

• Glenn Miller; Sivin, Miller & Roche LLP; Manhattan, NY, for Lundes Garrett

Expert: None
Demonstrative Evidence: 16-44-43

DEFENDANT(S)
Expert: None
Insurer:

This action settled for $1,850,000, plus the waiver of a Workers’ Compensation lien of approximately $152,000, for a 35-year-old security guard who was injured on 5/10/93 at 1 AM in the lobby of Deft.’s building, located at 2311 Southern Blvd. in the Bronx. Pltf. was employed by Third-party Deft. Apex at the time, and was stationed in the lobby of the residential apartment building, which was owned and managed by Defts. Pltf. claimed that on the date of the accident, three men entered the building’s lobby through a broken door and attacked him. One of the assailants shot Pltf. in the chest. The assailants were never identified or apprehended, and Pltf. could not say with certainty whether they were residents or guests of the building. Pltf. contended that the building had a history of violent crime, including attacks by tenants on security guards, for which Pltf. claimed the management failed to take necessary additional measures to protect the building’s security guards. Defts. denied that the lock on the lobby door was broken, and argued that without proof as to whether the assailants were intruders, Pltf. could not establish any negligence on the part of the building owners in maintaining the locks, or establishing that Deft.’s failure to provide adequate security was a proximate cause of Pltf.’s attack. Defts. also argued that as a security guard employed in the building, Pltf. could not assert a cause of action against the building for inadequate security. Defts. further argued that Third-party Deft.’s inadequate security procedures were partially responsible for the incident. Defts.’ motion for summary judgment dismissing Pltf.’s case was denied.

Injury: Injuries: gunshot wound to the chest with laceration of the liver, stomach, pancreas, and spleen. Pltf. underwent emergency surgery for ligation of the inferior vena cava, and a surgical repair of a hernia, which resulted from the incident. Pltf. claimed that he was unable to return to work because of vascular and other complications. Defts. disputed the severity of Pltf.’s injuries, and would have introduced evidence of Pltf.’s prior criminal history in an effort to impeach his credibility. Settlement apportionment: $1,572,500 paid by Defts.; $277,500 paid by Third-party Deft.

Verdict Information: This action settled for $1,850,000, plus the waiver of a Workers’ Compensation lien of approximately $152,000, for a 35-year-old security guard who was injured on 5/10/93 at 1 AM in the lobby of Deft.’s building, located at 2311 Southern Blvd. in the Bronx.

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• Edward Sivin; Sivin & Miller; Manhattan, NY, for Lundes Garrett
• AIG for Defts.; Scottsdale