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Re: [infoguys-list] wrong spot?

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  • Seymour Dupa
    If his assigned parking spot had not been taken, this would not have happened. ... tenant ... Towers at ... the garage ... reserved for ... take the ...
    Message 1 of 5 , Aug 4, 2004
      If his assigned parking spot had not been taken,
      this would not have happened.

      >
      >
      > Going to trial on Monday.. Need your insights ASAP.
      > thanks in advance,
      > amy
      >
      > 3/6/00 Don Glen a 44 year old white male employee of Dean Witter, a
      tenant
      > of the Defendants, drove into the parking garage at the Forum III
      Towers at
      > about 8:30am to go to work. He was assigned a spot on the 2nd floor of
      the garage
      > but his spot was taken so he parked on the ground floor usually
      reserved for
      > guests. He proceeded to the stairwell to go up to the 2nd floor to
      take the
      > parking bridge across to the office building. When he entered the
      stairwell he
      > was attacked by two men.
    • fred rozek
      I think the security issues need to be addressed particularly the usage of the video survailance. In this day and age we live in and the responsibility of all
      Message 2 of 5 , Aug 4, 2004
        I think the security issues need to be addressed particularly the usage of the video survailance. In this day and age we live in and the responsibility of all of us for homeland security I think the lack of surveilance in the stairwell is an obvious lack of resposibility for the safety of anyone using the parking structure. Even more so considering a previous sexual assault

        Seymour Dupa <grumpy@...> wrote:If his assigned parking spot had not been taken,
        this would not have happened.

        >
        >
        > Going to trial on Monday.. Need your insights ASAP.
        > thanks in advance,
        > amy
        >
        > 3/6/00 Don Glen a 44 year old white male employee of Dean Witter, a
        tenant
        > of the Defendants, drove into the parking garage at the Forum III
        Towers at
        > about 8:30am to go to work. He was assigned a spot on the 2nd floor of
        the garage
        > but his spot was taken so he parked on the ground floor usually
        reserved for
        > guests. He proceeded to the stairwell to go up to the 2nd floor to
        take the
        > parking bridge across to the office building. When he entered the
        stairwell he
        > was attacked by two men.




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      • fred rozek
        After going over the particulars in this incident i am stunned that with 33 surveilance cameras in use or should Isay place that the stairwell was left
        Message 3 of 5 , Aug 4, 2004
          After going over the particulars in this incident i am stunned that with 33 surveilance cameras in use or should Isay place that the stairwell was left unprotected by survailance. The fact that were not being monitored properly shows poor administration by managers of the security team. I'm in doubt about the sexual aspect of crime due to the lack of mention of substatiating defensive wounds other than a cut on the hand.If indeed it did happen as explained I would have maimed the assailant in an unforgetable manner ! Not reporting the nature of the sexual assault only hurt his credibility as I see it.
          I think a high percentage of the blame should be placed on the security of the facility, with a portion also to be assigned to the victim for being to lax in his own welfare survailance. I can only offer opinion on the matter though as I have'nt seen actual information. good luck. I also think a closer background check on the victim may be advantagious to the case

          Jurydoctor@... wrote:


          Going to trial on Monday.. Need your insights ASAP.
          thanks in advance,
          amy

          3/6/00 Don Glen a 44 year old white male employee of Dean Witter, a tenant
          of the Defendants, drove into the parking garage at the Forum III Towers at
          about 8:30am to go to work. He was assigned a spot on the 2nd floor of the garage
          but his spot was taken so he parked on the ground floor usually reserved for
          guests. He proceeded to the stairwell to go up to the 2nd floor to take the
          parking bridge across to the office building. When he entered the stairwell he
          was attacked by two men. He was thrown down the stairs, cut with a knife in the
          hand, and had a gun held to his head while one of the assailants forced him
          to take the assailants penis into his mouth. He was kicked in the side of the
          head and face. He tried to fight his attackers but they stole his wallet,
          laptop computer and Rolex watch. After the attack the assailants ran away, Glen
          went to the security guard in the parking garage an advised of the attack. The
          police were called and it was reported to them. Glen gave detailed description
          of assailants and incident but never told anyone of the sexual component of the
          incident. This was revealed for the first time several months later during
          psychiatric counseling with one of his doctors.

          Plaintiffs allege that the attack was foreseeable to the Defendants since on
          9/19/97 a prior incident occurred in the same parking garage. A female
          employee of the same complex was abducted from the same garage at gunpoint, driven
          off the property robbed and sexually assaulted. The Defendants were notified of
          her attack shortly after it happened. Three property managers of the complex,
          including the one in charge at the time of Don���s assault, admitted actual
          notice of the earlier attack on the female.

          There are no other violent crimes at the property between these two attacks.
          There are however, a number of violent crimes in the immediate vicinity of the
          property in the same period of time.

          Plaintiffs allege the Defendants were negligent in preventing the attack for
          a number of reasons:

          1 Only increase in security after the female attack was
          the addition of one more guard. (There were two in the garage before the attack
          on the female.)
          2 Despite the prior attack the Defendants never obtained a
          professional security risk needs survey or analysis to determine the level of
          security needed.
          3 Although there was a surveillance camera system in place
          at the time of both attacks, no one monitored or watched the camera images.
          The cameras were on two monitors that were kept in a closet.
          4 The Defendants representatives admit that the main
          function of 2 of the 3 guards in place at the time of Doe���s attack was to manage
          vehicle traffic. Only one guard was assigned to roam the entire property to
          provide personal security.
          5 Plaintiffs allege Don���s attack would have been prevented
          if electronic gate arms would have been installed at the tenant and visitor
          entrances to free those guards manning those gates to provide personal safety.
          And if security cameras would have existed at the stairwell entrance-ways with
          a guard assigned to watch the images the attack could have been avoided. The
          Plaintiffs further allege that the Defendants were negligent by failing to
          implement these measures in light of the prior attack.
          6 Plaintiff has sustained a cervical herniation requiring
          surgery, fractured teeth and TMJ problems, a mild left ear hearing loss,
          lacerations to eye, mouth and hand that healed shortly after the attack. He further
          has been diagnosed with Post Traumatic Stress Disorder, anxiety and
          depression caused by the attack requiring extensive therapy and medications.
          7 The Plaintiffs seek approx. $300,000 in past and future
          medical expenses. $400,000 in past wage loss. They also seek damages for
          physical and emotional pain and suffering in the past and future. There is also a
          claim for the loss of services and support of her husband by Doe���s wife.

          Defendant���s Case.

          LOVED owns the property. GMAN manages the property for the owner.
          1 Both Defendants allege that the
          event was not foreseeable by them and they therefore did not owe Don a duty
          to protect him from the attack.
          2 They contend that the prior
          abduction sexual assault and robbery was an isolated incident and say that they
          should be given credit for the lack of violent crime at the property during
          their ownership/management of the property.
          3 They also deny that they were
          negligent in failing to prevent the attack and believe that they were providing
          reasonable security including three guards, a total of 33 video surveillance
          cameras and were appropriately restricting access to the garage.
          4 They also contend that there was
          no way to stop these very aggressive, fearless criminals from committing the
          attack in broad daylight, in early morning rush hour.
          5 They claim Plaintiff was also at
          fault since he chose to enter an isolated stairwell rather then walking
          through an open service road to enter the building where he worked.
          6 Regarding damages, the
          Defendants contend Don suffered minor physical injuries, included the lacerations. They
          contend the sexual attack did not occur since it was not reported to anyone
          for such a long time. (Approx. seven months)
          7 An orthopedic surgeon hired by
          the defense claims Don���s injuries are not as severe as he claims and that he
          did not need surgery.
          8 A defense Psychiatrist and
          Neuro-psychologist that have examined the Plaintiff regarding his emotional trauma
          agree that if the attack occurred the way the Plaintiff alleges it occurred,
          then he does have PTSD and anxiety caused by the attack and that he will need
          future care. The Neuro-psych expresses some concern about the validity of
          plaintiff���s responses to neuro psych testing.
          9 The Defendants allege that the
          past medical expenses are excessive and that much of the care is related to a
          prior automobile accident with injuries that occurred in 1995. They deny that
          he had a disc herniation or that he needed surgery.
          10 They contend Don should have
          returned to work to support his wife and two children much sooner and that he did
          not need three years out of work to recover from his physical and emotional
          injuries.
          11 They contend Don was going to lose
          his job as a financial advisor even if the attack did not occur based on the
          testimony of his employer and that his daughter���s diagnosis of leukemia created
          a significant emotional struggle for him that he now wants to blame on the
          attack.



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        • Jurydoctor@aol.com
          In a message dated 8/6/2004 5:11:12 AM Eastern Daylight Time, infoguys-list@yahoogroups.com writes: Even more so considering a previous sexual assault wonder
          Message 4 of 5 , Aug 6, 2004
            In a message dated 8/6/2004 5:11:12 AM Eastern Daylight Time,
            infoguys-list@yahoogroups.com writes:
            Even more so considering a previous sexual assault
            wonder if it was the same assailant..
            amy


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