Case details

Plaintiffs: Property owner liable for decedent’s fall in shop

SUMMARY

$750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, chest, dislocation, elbow, fracture, head, internal bleeding, rib, shoulder, skull
FACTS
On Oct. 26, 2014, plaintiffs’ decedent Joaquin Garza, 80, walked into Lube Express, a lube shop in west La Habra, and fell approximately seven feet into one of the service pits. Garza sustained and ultimately died on Nov. 23, 2014. The decedent’s brothers, Ernesto Garza and Xavier Garza, sued the owner of the property, Imtiaz Mansuri. The decedent’s brothers alleged that Mansuri failed to properly repair and/or maintain the service area, creating a dangerous condition that resulted in the decedent’s wrongful death. The initial executor of the decedent’s estate, David Montes, was also named as a plaintiff, but he was dismissed from the case. Austin G Enterprise Inc., Fadi Attalah (also known as Fred Attalah) and Kismat Enterprises Inc. were also initially named as defendants, but they were also dismissed from the case. The matter proceeded to trial with Ernesto and Xavier Garza’s claims against Mansuri only. Plaintiffs’ counsel contended that the covers on the service pits were not up to building code and that a code violation would apply to Mansuri, the property owner. Mansuri’s counsel contended that Mansuri was not liable for the operation of the shop and that the decedent was inattentive, drunk and blind., Joaquin Garza sustained a skull fracture, resulting in bleeding in his brain. He also sustained a left elbow fracture, a dislocated right shoulder and 10 fractured ribs. He was taken to St. Jude Medical Center, in Fullerton, and was then transferred to Lakewood Regional Medical Center, in Lakewood, where he died on Nov. 23, 2014. Garza was 80 years old. He was survived by a younger brother, Ernesto Garza, then 75, and an older brother, Xavier Garza, then 85. Ernesto Garza lived with Joaquin Garza, while Xavier Garza lived in Mexico and had not seen Joaquin Garza in 20 years prior to his passing. Ernesto Garza and Xavier Garza sought recovery of wrongful death damages for the loss of their brother. Defense counsel disputed the amount of alleged damages based on the fact that Xavier Garza hadn’t seen the decedent in 20 years.
COURT
Superior Court of Orange County, Santa Ana, CA

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