Trial Magazine

Juan Murillo Guerrero, 48, and his son, Edwin Murillo Ceja, 16, were performing renovations at a commercial property. William Walsworth, the property manager, walked over to the Guerreros with two independent contractor handymen, Mark Marquez and Albert Marquez. An altercation ensued regarding a dumpster the Guerreros had filled while performing their work, and the handymen allegedly assaulted Juan. He suffered a traumatic brain injury, which led to vision problems. Edwin, who witnessed the alleged assault, suffered emotional distress.

The Guerreros sued Walsworth Property Management, Inc., which employed Walsworth, alleging negligent infliction of emotional distress and negligence. The plaintiffs claimed that Walsworth had negligently instigated and failed to stop the altercation. Suit did not claim medical expenses or lost income. The defense argued that the plaintiffs started the fight and that Walsworth had nothing to do with it.

The jury awarded $1.9 million, apportioning 47% liability to Walsworth Property Management, 30% to Mark Marquez, 20% to Albert Marquez, and 3% to Juan Guerrero.

Citation: Guerrero v. Walsworth Prop. Mgmt., No. 30-2018-00970253-CU-PO-CJC (Cal. Super. Ct. Orange Cty. Mar. 4, 2021).

Plaintiff counsel: AAJ members Matthew J. Whibley and Kenneth E. Traynham, both of Calabasas, Calif.

Plaintiff experts: H. Ronald Fisk, neurology, and Swaraj Bose, neuro-ophthalmology, both of Los Angeles; and Bradley Jabour, neuroradiology, Santa Monica, Calif.

Defense experts: John Hofbauer, ophthalmology, Beverly Hills, Calif.; Kyle Boone, neuropsychology, Torrance, Calif.; Barry Ludwig, neurology, Los Angeles; and Michael Brant-Zawadzki, neuroradiology, Newport Beach, Calif.