On April 11, 2004, Keneshia Scott, 17, daughter of plaintiffs Monica Tyler and Kenneth Scott, attended a birthday party at Cardi’s, a club in Houston. The club was owned Ted Kaldis, and the party had been organized by Lance Limbrick, son of Cheryl Nelson. During the party, a disturbance took place in the club, and Keneshia left the building. While crossing a parking lot owned by the Bissonnet Center, she was fatally shot by a stray bullet fired by Eric Smalls. Smalls was later convicted of murder.
Tyler and Scott, on behalf of Keneshia’s estate, sued Cardi’s, Kaldis, Limbrick, Nelson, the Bissonnet Center, and Quincy Dalcour, another person involved in the organization of the party, alleging premises liability. The plaintiffs claimed the disturbance in the club which caused Keneshia to leave the building and the presence of Smalls outside the building were the result of negligent security.
The defendants denied liability. Defense counsel for Kaldis, Limbrick, Nelson and Dalcour argued that Smalls was the sole proximate cause of Keneshia’s death and that he was never inside the club on the night in question. The defense also argued contributory negligence on Keneshia’s part.
The Bissonnet Center settled before trial for $150,000.
The bullet struck Keneshia in the hip and ricocheted upward off the hip bone into her torso. She was taken to the hospital, where she died of massive internal bleeding. She was 17.
Her parents sought $1.3 million for their daughter’s wrongful death and pre-death pain and suffering.
The jury found Limbrick 25 percent liable for Keneshia’s death, Kaldis 35 percent liable, Smalls 30 percent liable, and Keneshia 10 percent liable. The Bissonnet Center was found not liable. The plaintiffs were awarded $1,297,826.09, which was reduced to $1,168,043.48 due the jury’s finding of comparative negligence.