WOMAN SUING MURDER VICTIM'S ESTATE, WIDOW : LETTING IN SUSPECTS CALLED NEGLIGENT.Byline: Karen Maeshiro Daily News Staff Writer
A woman who was tortured and beaten in a drug robbery in which her boyfriend was killed is suing the dead man's estate and wife, claiming he was negligent in allowing the attackers into the house.
Tresheva Sherouse, 23, is seeking nearly $2 million in damages in a lawsuit filed against the estate of Anthony Readell Hogan, who was killed by reputed reputed adj. referring to what is accepted by general public belief, whether or not correct. gang members in search of money and drugs at Hogan's Lancaster house Lancaster House is a mansion in the St. James's district in the West End of London. It is close to St. James's Palace and much of the site was once part of the palace complex. It is a Grade I listed building. .
``Our contention is that Mr. Hogan could have done something to have prevented the injuries,'' said Lawrence Hoodack, Sherouse's attorney. ``I feel his judgment was not what it should have been concerning people getting into the home. Surely a reasonable person would find out who's there before you open the door.''
The lawsuit was filed in September against Hogan's estate and Hogan's wife, Valena Hogan, from whom he was separated at the time of his death. The attackers also are listed as defendants but are not identified, court records show.
Attorneys for Hogan's estate are challenging the lawsuit, saying it is ``vague and ambiguous'' and lacks sufficient facts. A hearing is scheduled for September in Lancaster Superior Court.
``I do not believe it (the lawsuit) has merit,'' said Maureen Thomas, the attorney representing Hogan's estate. ``I don't think there was anything my client could have done to prevent what occurred. It's a real tragedy. There are no facts to support the claim that my client was negligent in any way.''
Hogan, 27, and Sherouse were discovered by a friend on the morning of March 23, 1995, in the living room of Hogan's house in the 3500 block of West Avenue K-10. They had both been tortured, beaten, bound and gagged. Hogan also had been burned.
Sherouse was hospitalized in a coma coma, in medicine
coma, in medicine, deep state of unconsciousness from which a person cannot be aroused even by painful stimuli. The patient cannot speak and does not respond to command. . She has since come out of the coma and has been released from the hospital, officials said.
Four men have been charged in the murder of Hogan and the attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill. of Sherouse, who lived in the Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming.
The Antelope Valley at the time. The defendants are scheduled to be arraigned Tuesday in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Municipal Court.
``(Hogan) was able to see through a window located adjacent to the front door that there were three people who were requesting entrance into said house,'' papers in the lawsuit say. ``(Hogan) knew, or should have known, that the three people requesting entrance into said house posed a dangerous condition.''
The lawsuit states that all homeowners are responsible for the injuries that occur to a person on their property, and it asserts: ``(Hogan) negligently acted and/or refused to take appropriate action, which resulted in (Sherouse) being assaulted and sustaining severe personal injuries.''
Hoodack said Sherouse believes she was hit in the head with a dumbbell Dumbbell
An investment strategy, used mainly for bonds, where holdings are heavily concentrated in both very short and long term maturities.
This is also known as a barbell, charting on a timeline gives the appearance of a barbell or dumbbell. during the attack. Knocked unconscious, she was in a coma for nearly a month and was hospitalized for about three months.
Thomas responded that, as a general rule, one has no duty to control the conduct of another or to warn those endangered en·dan·ger
tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers
1. To expose to harm or danger; imperil.
2. To threaten with extinction. by such conduct, records show.
``Under traditional principles of tort law A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. , one is ordinarily not liable for the actions of another and is under no duty to protect another from harm in the absence of a special relationship of custody or control,'' the response states.
``Further, a duty to take affirmative action affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. to control the wrongful acts of a third party will be imposed only where such conduct can be reasonably anticipated,'' records show.
Thomas argues that the owner of property is not an insurer of safety of people on the premises and that the lawsuit fails to provide any basis for the charge that Hogan should have known that the attackers posed a threat.
``It is not a common lawsuit. It's an unusual lawsuit with unusual circumstances,'' Thomas said. ``You don't see this very often.''
Charged with murder, attempted murder and robbery are Kevin Simmons, 31, Archie Dixon, 28, and Robert Adams Robert Adams or the diminutive, Bob Adams, may refer to: Athletes
Sheriff's homicide detectives said the assailants wanted to steal drugs and money from Hogan, who authorities say was a marijuana dealer. One or two of the suspects had dealt with Hogan before, detectives said.
Hoodack said he believes, based on the information he has, that Hogan did not know the people who entered the house. In addition, Hoodack said Sherouse remembers seeing three people, two men and a woman, in the house before she lost consciousness.
The assailants found marijuana but did not find the money. Sheriff's deputies found a substantial amount of cash under the bed on the floor, deputies said.
The charges were filed last month by prosecutors in the district attorney's unit dealing with hard-core gang cases. Prosecutors contend there is a special circumstance - that the murder was committed during a robbery - making the suspects eligible for the death penalty or life in prison without the possibility of parole.
All of the defendants except for Dixon were already in prison on various drug charges when they were identified as suspects. Dixon was arrested April 6 at the Oakland International Airport
Oakland International Airport (IATA: OAK, ICAO: KOAK, FAA LID: OAK), also known as after detectives followed Dixon's girlfriend, who flew up there to meet Dixon, officials said.
Investigators said they recovered a bag of marijuana in a car Dixon was driving, and the bag had Hogan's fingerprints Impressions or reproductions of the distinctive pattern of lines and grooves on the skin of human fingertips.
Fingerprints are reproduced by pressing a person's fingertips into ink and then onto a piece of paper. on it. Without saying who the witnesses were, detectives said witnesses saw people leaving Hogan's home and were able to make identifications.
Hogan's Oldsmobile Cutlass The Oldsmobile Cutlass was an automobile made by the Oldsmobile division of General Motors. The Cutlass was introduced in 1961 as a unibody compact car competing with the Dodge Lancer and Mercury Comet. was found later on the day of the killing, abandoned in the driveway of a Pico Rivera Pico Rivera (pē`kō rĭvĕr`ə), city (1990 pop. 59,177), Los Angeles co., SW Calif., SE of Los Angeles on the San Gabriel and Rio Hondo rivers; inc. 1958 with the union of Pico and Rivera into one community. business, deputies said. A neighbor reported seeing someone other than Hogan drive the vehicle away about 8:30 a.m., approximately an hour before the friend entered Hogan's home.