Case details

Suit: Failure to enforce parking policy resulted in fatal accident

SUMMARY

$6709300

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, loss of services, loss of society, multiple trauma
FACTS
On Nov. 19, 2011, plaintiffs’ decedent Tricia Rittger, 39, a sales manager with KSBY TV, went out to meet friends for dinner at The Cliffs Resort in Pismo Beach. At approximately 6:50 p.m., while crossing Shell Beach Road, heading toward the restaurant from the resort’s eastern parking lot, Rittger was struck and killed by a sport utility vehicle operated by Leonard Williams. The decedent’s husband, Aaron Rittger, and daughter, Erin Rittger, sued The Cliffs Resort, LLC; Williams; the city of Pismo Beach; and the managing partner of Cliffs Resort, John King, individually and doing business as King Ventures. Prior to trial, Williams settled after agreeing to tender his $15,000 insurance policy limits. The city of Pismo Beach also settled for $1.5 million, while a motion for summary judgment was pending on the issues of a dangerous condition of a governmental property and governmental design immunity. Thus, the matter proceeded to trial against The Cliffs Resort, LLC and King. Plaintiffs’ counsel contended that The Cliffs Resort and King created an unreasonable risk of harm to the resort’s patrons by failing to enforce its written employee parking policy that required employees to park across the street so that guests could park on the west side of Shell Beach Road. Specifically, counsel argued the operators of Cliffs Resort violated the city of Pismo Beach Conditional Use Permit No. 8-CUP-83, which restricted the resort’s eastern parking lot to employee and valet parking only, and required the resort to install gates and/or other control measures, i.e. warning signs, to prohibit unauthorized access. Thus, plaintiffs’ counsel argued that due the resort’s failures, the decedent was forced to park in the eastern lot and cross a 40-mph roadway in the dark. Counsel for The Cliffs Resort and King argued that the decedent was comparatively at fault for causing the accident. Counsel contended that the decedent was texting and not paying attention as she crossed Shell Beach Road. Counsel further argued that Williams was negligent in the operation of his vehicle and that the city of Pismo Beach failed to work with the resort in making the area safer by adding a crosswalk., Tricia Rittger sustained multiple trauma after being struck by an SUV and ultimately died from her . She was 39 years old. She is survived by a husband, Aaron Rittger, then age 42, and a minor daughter, Erin Rittger, then age 4. The decedent’s husband and daughter sought recovery of $1,709,300 in stipulated economic damages for the loss of the decedent’s earnings and household services. They also sought recovery of general damages for the decedent’s wrongful death, as well as punitive damages. Thus, the decedent’s family sought recovery of $21.7 million in total damages. Counsel for The Cliffs Resort and King argued that the plaintiffs’ alleged non-economic damages were worth $1.7 million, roughly the same amount as the stipulated economic damages. Prior to verdict, the parties entered into a $5 million/$1 million high/low agreement, with the amount to be adjusted based on the finding of liability. Also under the agreement, any offset of the prior settlement involving the city and the rights to appeal on both sides were waived. In addition, The Cliffs Resort agreed to work with the city to construct a lighted blinking crosswalk at the location of the accident in the decedent’s memory. If The Cliffs Resort fails to do so, it would be subject to pay the decedent’s family an additional $50,000.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA

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