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
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury