Case details

Parents: Restaurant failed to warn of dangerous driveway exit

SUMMARY

$5000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On the night of March 16, 2011, plaintiffs’ decedent Joseph Annocki, 41, was operating his motorcycle on southbound Pacific Coast Highway when a vehicle operated by Terry Turner, a tourist from Oklahoma, attempted to make a left turn in front of him. Earlier that night, Turner had dinner at Geoffrey’s Malibu restaurant, in Malibu. After dinner, Turner attempted to leave the restaurant by turning his vehicle left onto Pacific Coast Highway. However, the highway is only one-way in front of Geoffrey’s Malibu restaurant, so vehicles exiting the parking lot could actually only make a right turn. As a result, when Turner made a left turn, Annocki tried to avoid Turner’s vehicle, fell from his motorcycle, and was killed. The decedent’s parents, Eileen Annocki Joseph Annocki Sr., sued Turner; the owner of Turner’s vehicle, Fox Rent a Car Inc.; the operator of Geoffrey’s Malibu, Peterson Enterprises, LLC (which was initially erroneously sued as “Geoffrey’s Malibu Inc.”); and the maintainers of the roadway, the California Department of Transportation and the people of the state of California. The decedent’s parents alleged that Turner was negligent in the operation of the rental vehicle and that Fox Rent a Car was liable for Turner’s actions. They also alleged that the restaurant and Caltrans should have warned customers at the subject driveway of the one-way highway. Another plaintiff, Michael Annocki, was removed from the complaint and Fox Rent a Car was also let out of the case early. In addition, Caltrans and the people of the state of California claimed that they had no duty to warn, but ultimately settled out of the case. Thus, the matter proceeded to trial against Turner and Peterson Enterprises only. Defense counsel for Peterson Enterprises contended that the paddles along Pacific Coast Highway were sufficient enough to warn customers of Geoffrey’s Malibu of the one-way traffic. The case against Peterson Enterprises was dismissed on demurrer by Judge Amy Hogue. As a result, the decedent’s parents appealed the decision. In the Court of Appeal, Justice Jeffrey Johnson, writing for a unanimous Court of Appeal, found that the configuration of the restaurant’s driveway, nighttime conditions, and the fact that customers are served alcohol created a likelihood of a serious injury. He also determined that the restaurant had notice of the dangerous condition and had a duty to warn its customers. Thus, Johnson reversed the trial court’s decision regarding Peterson Enterprises., Joseph Annocki, 41, sustained multiple traumatic and died at the scene on March 16, 2011. The decedent’s parents sought recovery of wrongful death damages of the loss of their son. Defense counsel disputed the amount of damages sought by the decedent’s parents and disputed the plaintiffs’ C.C.P. § 998 offers.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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