Case details

Teen with shotgun in friend’s garage shoots other friend

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
disfigurement epidermis, gunshot wound, numbness, scar
FACTS
On Oct. 22, 2008, plaintiff Edgar Tapia, 18, a warehouse worker, was a guest at the home of his friend Henry Arce, 18, in Baldwin Park. While Henry was inside, Julio Arias, 15, another friend, accidentally shot Edgar in the right armpit with a sawed-off shotgun in the garage. Edgar was taken to the emergency room, where he was treated for the gunshot wounds. Edgar sued Julio and Henry, as well as the home owners, Francisca Sotelo and Jessica Villalobos, Henry’s mother and sister, respectively. He alleged that the defendants were negligent for keeping an unsecured gun in the garage, creating a dangerous condition. Sotelo and Villalobos were dismissed from the case by way of motion for summary judgment, while the plaintiff voluntarily discontinued against Julio, who was never served. Thus, the trial proceeded against Henry only. Edgar claimed that Henry knew of the weapon that Julio possessed and negligently stored the gun in the garage. He also claimed that Henry’s negligence caused the accident and his personal . Thus, Edgar argued that Henry was at least 50 percent responsible for his . Julio claimed that while in the process of showing the gun, it accidentally discharged. Henry argued that he had absolutely no knowledge of the gun’s existence and claimed that it was a “complete and total shock” when he found out Edgar had been shot. He also claimed that at the time of the shooting, he was inside the home helping his sister unload groceries. Defense counsel contended that Julio had found the gun approximately one month earlier and, unbeknownst to Henry, brought it onto the premises to show his school friends., Edgar was shot in the right armpit with a sawed-off shotgun. He was taken by ambulance to the emergency room at USC County Medical Center, where he underwent emergency surgery to remove the pellets and close the gunshot wounds. Edgar remained in the hospital for four days and then continued to seek follow-up care through USC for approximately one year, during which he had his bandages changed and his wounds cleaned, as well as had rehabilitation therapy for nerve impairment. It took one year for the wound to fully heal, but Edgar is left with a residual scar. He also claimed pain and numbness in the area of the wound. Plaintiff’s counsel asked the jury to award Edgar damages, including $7,300 for past medical costs, $25,000 for past lost earnings for the 12 to 18 months of missed work, $500,000 for past pain and suffering, an unspecified amount for future lost earnings/loss of earning capacity, and an unspecified amount for future pain and suffering. Defense counsel argued that since Henry had no notice of the dangerous condition, the jury should render a defense verdict and award zero damages.
COURT
Superior Court of Los Angeles County, East Los Angeles, CA

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