Case details

Plaintiff: Apartment manager failed to warn about gun

SUMMARY

$500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, stroke
FACTS
During the morning of April 28, 2014, plaintiff Flora Andrews, 50, a nanny, heard her married neighbors, who lived across from her, arguing in the walkway. Andrews and her neighbors lived on the second floor of a two-story, multi-unit apartment building, located at 12416 Weddington Street, in Valley Village. After hearing the arguing, followed by a female screaming for help, Andrews went to her neighbors’ apartment to see what was happening. As she turned to leave the couple’s apartment, Andrews was shot in the head, allegedly by the male neighbor. Andrews was able to make it back to her apartment, where she collapsed. Eventually, the female neighbor was found dead in her apartment, and the male neighbor was found dead, allegedly from a self-inflicted gunshot wound. Although critically injured, Andrews survived. Andrews sued the owners of the apartment building, Sofia Karasik and Natalie Karasik, as individuals and trustees of the Karasik Living Trust, Dated September 2, 1998, and Karasik Construction Co. Andrews alleged that a few days before the shooting, her female neighbor went to the apartment manager — who was employed by the Karasiks, the trust, and the Karasik Construction Co. — and reported that her husband had a gun inside their apartment and that he intended to harm others with the weapon. She also claimed that the female neighbor notified the apartment manager that she feared for her life. Andrews further claimed that the male neighbor confirmed to the apartment manager that he had a gun in his possession on the premises, but that the manager did nothing about it. Plaintiff’s counsel contended that the written policies and procedures of the building owners required the apartment manager to notify the owners and law enforcement, and to make sure someone disposed of the weapon. Counsel asserted that despite confirming that the male neighbor had possession of the gun and receiving the female’s statement that her husband intended to use the gun to harm others, the apartment manager took no action to confirm that the male neighbor disposed of the gun. Further, plaintiff’s counsel asserted that the apartment manager failed to report the presence of the gun on the premises, or the wife’s fear for her life and safety to law enforcement or the building owners, per the defendants’ written policies and procedures. Defense counsel asserted that the shooting was unforeseeable and that the building owners had no duty to protect against an unforeseen criminal act., Andrews sustained a gunshot wound to her head and was subsequently taken to a hospital. However, she suffered an ischemic stroke, and remained in the hospital and a rehabilitation facility for many years. Andrews is now home, but she is being cared for by her family. She remains non-verbal and requires assistance with her activities of daily living. Thus, Andrews sought recovery of $145,000 in past medical costs, which was paid by Medi-Cal. She also sought recovery of future medical costs, and damages for her past and future pain and suffering. Her husband, Derrick Andrews, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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