Miles, Sears & Eanni attorney Richard Watters recently reached a $3.5 million settlement for a personal injury plaintiff in the shopping mall shooting case of Rafiola Binger v. Omninet Capital, LLC; et al.
Rafiola Binger sustained a gunshot wound while in the Manchester Mall, owned and operated by Omninet Properties. On the day of the shooting, mall security included only two security guards and a surveillance system that had become inoperable the day before the shooting. A fight among two patrons broke out, followed by gunshots. When the nearest security guard arrived, the fight was over and the assailants had fled. By that point, Ms. Binger had already been shot, leaving her a paraplegic.
Two Fresno Police officers parked outside of the mall testified that they could have gotten to the area of the fight within one minute had 911 been called.
Plaintiffs contended that Omninent owed patrons a duty of care to protect them from assailants’ criminal acts.
The parties reached a $3.5 million settlement on May 21, 2015.
