She was injured at USC sorority party
A woman knocked down by a falling sun-shade at a USC sorority induction party in 2001 got a Santa Monica jury on Wednesday to award her more than $250,000 after noting that the fall jarred loose the screws in her hip.
The case brought by Sharon Tuverson, 60, of Palm Desert, turned on who would take the blame for the mishap, sorority Kappa Alpha Theta or the owner of the parking lot where the ceremony was held — or both.
The verdict left one attorney jockeying for court fees with another hotly protesting.
Tuverson was recovering from earlier hip surgery requiring three screws when she attended the USC induction ceremony for her granddaughter.
The sun shade, a sort of eight-foot-high partition weighing about 70 pounds, was blown over onto Tuverson by a breeze. She complained that she had to undergo a partial hip replacement and will need more surgery in 10 or 20 years. Her lawyer, Christopher Mears, asked the jury for $400,000.
Just before lawyers made opening statements in Santa Monica Superior Court Monday, Benjamin Seal, lawyer for Kappa Alpha Theta, which has chapters across the country, agreed to settle the sorority’s portion of the case for $175,000.
That left as defendant just Vicky McCluggage, a former member of the sorority and the owner of the parking lot where the ceremony was held.
Although McCluggage, wife of Kerry McCluggage, former chairman of the Paramount Television Group, found out the partitions were going to be used shortly before the ceremony began, Robert Levine, her lawyer, argued that she was not liable for the accident because she rented out the space in good condition.
“This isn’t a case where somebody tripped and fell in a pothole,” he said. Levine said there is another reason she shouldn’t have been found liable — because she doesn’t technically own the land, but rather controls a limited liability corporation that owns it. It was a technicality jurors said they didn’t buy.
“Basically, the jury found that she was the owner of the property and owners of properties have certain responsibilities if they see something dangerous.”
In the end, jury members, who were not told about the settlement agreement between Tuverson and the sorority, awarded Tuverson $76,280.70 in medical bills, $50,000 in past pain and suffering and another $125,000 in future pain and suffering. They agreed that the sorority should shoulder 65 percent of the liability and McCluggage should be responsible for the other 35 percent.
Jury foreman James Shaw, 40, a schoolteacher, said jurors agreed both parties were responsible for the accident. “(McCluggage) had a really short amount of time, apparently, that she had to make a decision about (the threat posed by the partitions),” said Shaw, of Los Angeles. He said he thought the case was worth less but he failed to convince the other jurors.
Levine applauded the verdict, which came after a three-day trial before Santa Monica Superior Court Judge Richard Neidorf. Levine asserted that due to the way the responsibility was assigned, McCluggage won’t pay a penny.
“You can’t get better than having to pay nothing,” he said, adding that because he believes his client won’t have a financial obligation he will ask the court that she be named the prevailing party.
“You can’t get better than having to pay nothing.” — — ROBERT LEVINE Defendant’s attorney
As the winner, McCluggage can then seek reimbursement for “thousands and thousands” of dollars in court fees, for things such as depositions, court reporter costs and expert witnesses.
But Mears, who also sits on the Irvine City Council, read the verdict differently.
“He’s dead wrong about that,” he said, adding that he expects the final judgment from Judge Neidorf will hold McCluggage liable for about $75,000. The final amount will be determined by taking a percentage of the amount of the verdict, with some other complicated legal calculations.
Tuverson said of the case only, “We’re just glad it’s over.”
“We’re just glad it’s over.” — — SHARON TUVERSON Plaintiff
Originally published in the Santa Monica Daily Press print edition on October 23, 2003. Read the original PDF.