Youth Permanently Injured in Altercation

Parking Lot Owner Negligent For Lack Of Security

$2.57 Million Settlement On March 22, 1997, the 16-year-old plaintiff traveled to the east bank of the Flats with a number of friends, all of whom were over 21. The group parked their vehicle in a nearby parking lot. During the evening, witnesses testified that the plaintiff and his friends smoked marijuana and drank several beers. The group exited a bar at 2 a.m. and, as they walked through the parking lot, became involved in an altercation with a man. During the altercation, the man removed a concealed knife and began stabbing members of the group, including the plaintiff.

The plaintiff suffered a stab wound to the heart, resulting in massive blood loss, circulatory collapse and anoxic encephalopathy. Following emergency surgery, testing confirmed that he suffered anoxic damage to the brain as a result of the loss of blood and circulatory collapse.

The plaintiff is now severely disabled and will require custodial care for the remainder of this life.

Type of Action: Negligent security; premises liability.

Type of Injuries: Stab wound to the heart; brain damage; blindness

Court/Case Number/Date: Cuyahoga County Probate Court/No. 350118/Oct. 8, 2002

Caption: Doe v. ABC Parking

Judge, Jury or Arbitrator: Settled during trial

Name of Judge: John Angelotta

Verdict, Settlement or Arbitration Award: $2.57 million

Allocation of Fault: N/A

Attorney for the Plaintiff: W. Craig Bashein, Cleveland

Insurance Carriers: AIG and Chubb

Plaintiffs Experts: Greg Baeppler, Cleveland; John Kinney M.D., Cleveland

W. Craig Bashein
Doe v ABC Parking
Settlement: $2,570,000.00
October 8, 2002