Case details

Lack of security at apartment complex resulted in shooting

SUMMARY

$500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
gunshot wound, neck, paralysis, quadriplegia, tetraplegia
FACTS
At around 2:30 p.m. on Nov. 11, 2012, plaintiff Adriana Thompkins, 34, a grocery store worker, pulled into the parking lot of an apartment complex in Bellflower, where she lived, and parked her car, which also carried her boyfriend and niece. Tompkins did not notice anyone in the parking lot, but after she parked and her boyfriend got out of the car, her niece screamed. She then saw three men running from the sidewalk, onto the driveway, chasing her boyfriend, who started running toward the apartment building. As Thompkins was worried about her son and her sister’s four children, who were visiting, so she ran after the three men. By the time Thompkins reached her apartment, her boyfriend had made it safely inside. However, the men had reached a dead-end at the end of the sidewalk, turned around, and started walking back toward Thompkins and her sister, who had come out of Thompkins’ apartment. Thompkins and her sister then told the three men that there were children in the apartment, but the men said that they didn’t care and that they were from the 18th Street Gang. One of the men even had “18th Street” tattooed on his face. At that point, one of the men pulled out a gun and shot Thompkins while another man punched Thompkins’ sister in the face. Thompkins sued the property manager, M&M Property Management, and its parent company, Tropical Realty Inc. The owner of the premises that hired M&M Property Management, Keely Partners LP, was later added as a defendant. Thompkins alleged that the defendants failed to provide security at the apartment complex. Plaintiff’s counsel contended that because the apartment complex was in a high-crime area in Bellflower, there had been numerous prior criminal incidents, and there was evidence that the premises was controlled by the 18th Street Gang, the defendants had a duty to install some measure of security. However, counsel contended that the defendants refused to install any security device at the premises and never looked into providing any sort of security measures, including security cameras, entrance gates, alarm systems, or even something minor, such as any signs prohibiting loitering in front of the premises. Counsel argued that as a result, the three men were allowed to enter the property and shoot Thompkins. In addition, plaintiff’s counsel contended that the on-site manager did not consider security to be his job, but was worried about security enough to purchase security cameras, which he only placed outside his own unit to protect himself and no other tenants. Plaintiff’s counsel noted that, during discovery, the defendants admitted that there was no security whatsoever at the premises. The defendants each denied having any responsibility for the safety of the tenants at the premises. However, they admitted that the apartment complex was located in a low-income area and that crime was expected in that area., Tompkins sustained a gunshot wound to her neck. The bullet entered underneath her chin and ricocheted off the skull before lodging in the cervical spine at the C6-7 level. As a result, Tompkins suffered complete C6-7 tetraplegia, which rendered her paralyzed from her chest down. She was subsequently treated a Casa Colina Hospital and Centers for Healthcare, in Pomona, where she remained until 2013. After being discharged from Casa Colina, Thompkins remains homebound and requires the use of a wheelchair. She also requires assistance for wheelchair transfers and performing activities of daily living. Thus, Thompkins sought recovery of $71,000 in past medical costs, an unspecified amount of future medical costs, and an unspecified amount for her past and future loss of wages. She also sought recovery of non-economic damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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