National Verdicts

Plaintiff(s):

Erin Rittger (Female, 4 Years), 

Aaron Rittger (Male, 42 Years), 

Estate of Tricia Rittger (Female, 39 Years)

Plaintiff Attorney(s):

Michael Alder;
AlderLaw, P.C.;
Los Angeles,
CA,
for
Erin Rittger, Aaron Rittger, Estate of Tricia Rittger ■ Ryan D. Harris;
Harris Personal Injury Lawyers, Inc.;
San Luis Obispo,
CA,
for
Erin Rittger, Aaron Rittger, Estate of Tricia Rittger ■ Laura F. Sedrish;
AlderLaw, P.C.;
Los Angeles,
CA,
for
Erin Rittger, Aaron Rittger, Estate of Tricia Rittger ■ Philip C. Alexander;
Harris Personal Injury Lawyers, Inc.;
Oceanside,
CA,
for
Erin Rittger, Aaron Rittger, Estate of Tricia Rittger

Plaintiff Expert(s):

Brad Avrit;
P.E.;
Safety;
Marina del Rey,
CA called by
Ryan D. Harris ■ Rick Sarkisian;
Ph.D.;
Vocational Rehabilitation;
Fresno,
CA called by
Ryan D. Harris ■ Heather Xitco;
MBA, CPA, CFF;
Economics;
San Diego,
CA called by
Ryan D. Harris

Defendant(s):

John King, 

Leonard Williams, 

City of Pismo Beach, 

The Cliffs Resort, LLC

Defense Attorney(s):

Darren W. Epps;
Epps & Gilroy;
Santa Maria,
CA,
for
John King, The Cliffs Resort, LLC ■ Clayton U. Hall;
Hall Hieatt & Connely LLP;
San Luis Obispo,
CA,
for
City of Pismo Beach ■ Russell D. Boeddinghaus;
Stub, Boeddinghaus & Velasco;
Ventura,
CA,
for
Leonard Williams

Defendant Expert(s):

Rock Miller;
Engineering;
Orange,
CA called by
Darren W. Epps ■ Stephen Plourd;
Accident Reconstruction;
San Diego,
CA called by
Darren W. Epps

Insurer(s):

AIG (excess) for The Cliffs Resort, LLC;
Sequoia Insurance Co. (primary carrier – $1 million policy) for The Cliffs Resort, LLC

On Nov. 19, 2011, plaintiffs’ decedent Tricia Rittger, 39, a sales manager with KSBY TV, went out to meet friends for dinner at The Cliffs Resort in Pismo Beach. At approximately 6:50 p.m., while crossing Shell Beach Road, heading toward the restaurant from the resort’s eastern parking lot, Rittger was struck and killed by a sport utility vehicle operated by Leonard Williams. The decedent’s husband, Aaron Rittger, and daughter, Erin Rittger, sued The Cliffs Resort, LLC; Williams; the city of Pismo Beach; and the managing partner of Cliffs Resort, John King, individually and doing business as King Ventures. Prior to trial, Williams settled after agreeing to tender his $15,000 insurance policy limits. The city of Pismo Beach also settled for $1.5 million, while a motion for summary judgment was pending on the issues of a dangerous condition of a governmental property and governmental design immunity. Thus, the matter proceeded to trial against The Cliffs Resort, LLC and King. Plaintiffs’ counsel contended that The Cliffs Resort and King created an unreasonable risk of harm to the resort’s patrons by failing to enforce its written employee parking policy that required employees to park across the street so that guests could park on the west side of Shell Beach Road. Specifically, counsel argued the operators of Cliffs Resort violated the city of Pismo Beach Conditional Use Permit No. 8-CUP-83, which restricted the resort’s eastern parking lot to employee and valet parking only, and required the resort to install gates and/or other control measures, i.e. warning signs, to prohibit unauthorized access. Thus, plaintiffs’ counsel argued that due the resort’s failures, the decedent was forced to park in the eastern lot and cross a 40-mph roadway in the dark. Counsel for The Cliffs Resort and King argued that the decedent was comparatively at fault for causing the accident. Counsel contended that the decedent was texting and not paying attention as she crossed Shell Beach Road. Counsel further argued that Williams was negligent in the operation of his vehicle and that the city of Pismo Beach failed to work with the resort in making the area safer by adding a crosswalk.

Tricia Rittger sustained multiple trauma after being struck by an SUV and ultimately died from her injuries. She was 39 years old. She is survived by a husband, Aaron Rittger, then age 42, and a minor daughter, Erin Rittger, then age 4. The decedent’s husband and daughter sought recovery of $1,709,300 in stipulated economic damages for the loss of the decedent’s earnings and household services. They also sought recovery of general damages for the decedent’s wrongful death, as well as punitive damages. Thus, the decedent’s family sought recovery of $21.7 million in total damages. Counsel for The Cliffs Resort and King argued that the plaintiffs’ alleged non-economic damages were worth $1.7 million, roughly the same amount as the stipulated economic damages. Prior to verdict, the parties entered into a $5 million/$1 million high/low agreement, with the amount to be adjusted based on the finding of liability. Also under the agreement, any offset of the prior settlement involving the city and the rights to appeal on both sides were waived. In addition, The Cliffs Resort agreed to work with the city to construct a lighted blinking crosswalk at the location of the accident in the decedent’s memory. If The Cliffs Resort fails to do so, it would be subject to pay the decedent’s family an additional $50,000.

The jury found The Cliffs Resort and King 10 percent at fault, the city of Pismo Beach 20 percent at fault, Williams 34 percent at fault, and the decedent 36 percent at fault. It also found that the decedent’s family’s damages totaled $6,709,300, including $5 million in non-economic damages and $1,709,300 in economic damages. Based on the liability of The Cliffs Resort and King, the award for the decedent’s family’s non-economic damages was reduced to $500,000. However, since the defendants were joint-and-severally liable for the decedent’s family’s economic damages, The Cliffs Resort and King were liable for 64 percent (the total percentage of all of the defendants’ liability) of the economic damages award. This would reduce the recoverable economic damages to $1,093,952, which would have made the total recoverable amount $1,593,952. However, the total award was further reduced by a small percentage due to Williams’ prior $15,000 settlement (there was no reduction based on the city’s settlement, per the predetermined terms of the high/low agreement). Thus, the decedent’s family’s total recovery would be $1,590,202.

Estate of Tricia Rittger: $1,709,300 Personal Injury: economic damages; $5,000,000 Personal Injury: non-economic damages

Actual Award:

$1,590,202

Judge:

Barry T. LaBarbera

Trial Length:

3
 weeks

Trial Deliberations:

3
 days

Jury Vote:

10-2

Jury Composition:

8 male/ 4 female

This report is based on information that was provided by plaintiff’s counsel and counsel for The Cliffs Resort, LLC, John King and Leonard Williams. Counsel for the city of Pismo Beach declined to contribute.