Widow’s Award Reduced in Leisure World Lawsuit
A $1-million verdict in favor of a 79-year-old widow who sued Leisure World in Laguna Hills after her home was burglarized was reduced to $410,000 Thursday by a state appellate court.
In an opinion written by Justice Thomas F. Crosby Jr., the court ruled that there was inadequate evidence to uphold punitive damages of $550,000 against the operators of the guarded-gate community.
A total of $410,000 awarded by an Orange County Superior Court jury in 1984 to make up for Rose H. Huhn’s lost possessions and emotional distress was affirmed by the 4th District Court of Appeal in Santa Ana.
Huhn’s lawyer, Gary Mohi, said he would appeal.
“We feel that there was more than sufficient evidence to show a conscious disregard for safety of Rose Huhn and all the other residents of Leisure World,” Mohi said.
Negligence Claimed
Huhn claimed that the Golden Rain Foundation of Laguna Hills, a residents’ association, and Professional Community Management Inc., which provides management services, had negligently failed to warn residents when a wave of burglaries occurred in 1981.
Huhn’s home was burglarized, and she claimed $210,000 in lost possessions.
The jury agreed to repay Mrs. Huhn for what she had lost and awarded punitive damages--those designed to punish the wrongdoer and make an example of the case.
The appellate court ruled that the evidence of “outrageous conduct” and a “desire to harm,” both needed to support punitive damages, were absent.
“We’re very pleased with the ruling,” said Frank A. Conner, attorney for Professional Community Management. “It’s a reflection by the appellate court that whether they made mistakes or not, PCM really did act in the best interests of the residents.”
Huhn continues to live in Leisure World, and on Thursday she said she’s happy to stay.
“Oh, they’ve improved things very, very much. Some of my neighbors here who were momentarily unhappy with the suit ended up being happy because things have improved. Security at the gate has improved.”
‘The Wrong Way’
Mohi said Leisure World management “hushed up the burglaries for no good reason. They thought that would be a good way to catch the burglar, but we had testimony that it was the wrong way.”
Mohi added: “These residents are old; some are feeble. They owe a special duty to these people.”
The appellate decision, he said, “will only discourage communities such as Leisure World from acting fairly and honestly with the residents so they will have an opportunity to protect themselves.”
Thomas Valli was convicted in several of the Leisure World burglaries and sentenced to five years in prison. In a deposition read at the trial, Valli, who worked for a drapery-cleaning service, said he borrowed a gate pass at least 17 times to get into Leisure World and break into homes.
No other victims filed lawsuits over the burglaries, Conner said.
