XVI/22-48   ASSAULT   STORE   CUSTOMER PUNCHED BY OTHER CUSTOMER AT GRAND OPENING   INADEQUATE SECURITY AND TRAFFIC CONTROL   FRACTURED SKULL, TMJ, AND POST-TRAUMATIC STRESS SYNDROME 

SETTLEMENT: [Plaintiffs] v. Jorge Labrada and Home Depot, Inc.  8276/92  Date of Settlement 8/17/98  Queens Supreme 

     Pltf. Atty:  Todd D. Greenberg of Addabbo & Greenberg, Forest Hills 

     This action settled during jury selection for $625,000.  Pltf., a 44- year-old machinist, claimed that on 4/21/91 at approximately 1 PM he was in the parking lot fire zone at Deft. s store in Elmont.  He claimed that Deft. failed to control the flow of traffic and provide adequate security during the store s grand opening.  The fire zone was being used as a loading zone on the day of the incident.  Pltf. claimed that he was unable to move his vehicle due to congestion, and that his vehicle was blocking Deft. Labrada s car as he tried to pull out of the loading zone.  Pltf. claimed that he got out of his vehicle to speak with the person behind him, when Deft. Labrada exited his vehicle, ran over to Pltf., and punched him in the face.  Pltf. fell as a result of the assault, hitting his head.

     Deft. Home Depot would have argued that the incident was a spontaneous fight between patrons for which it could not be liable.  Deft. Labrada was convicted of third-degree assault in criminal court.  EBT testimony of Deft. s door monitors was that the customers were  out of control  and that the entrance was  like a zoo.

     Injuries: acute epidural hematoma, skull fracture requiring a craniotomy; temporomandibular joint dysfunction; post-traumatic stress syndrome.  Pltf. has severe scarring and discoloration from the center mid- line to the left side of his head.  He claimed that he suffers dizziness, confusion, loss of consciousness, difficulties with balance, and headaches .  Pltf. was unable to return to work and is receiving Social Security Disability.  Settlement apportionment: $615,000 was paid by Deft. Home Depot; $10,000 was paid by Labrada. 

     Pltf. Experts:    Leslie Cole, security expert, New Jersey; Dr. M. Chris Overby, treating neurologist, Woodmere; Dr. John Kefalos, treating neurologist, Manhattan.

     Deft. Expert:     Henry Branche, security expert, Massapequa.