A Balcony View:

This paper published a story March 4 about a local woman, Hasmik Khanbabayan, who filed a wrongful-death lawsuit against the city. She claims her husband, Vahan Karapetian, allegedly died from injuries sustained when he fell off a porch at the historic Casa Adobe de San Rafael.

As I read the article, the only facts I learned about her case were that her husband was in his 80s when he fell; he was hospitalized for two months with a fractured hip and shoulder before he died; and there were no witnesses.

On the city’s side, they contend that there is no liability on their part because there was nothing dangerous about the front porch where Karapetian fell, and that previous medical conditions were likely contributors to his death.

I feel for Hasmik Khanbabayan, as I would for anyone who suffered the loss of a loved one. There’s no reason to believe the city bears her any ill will as a result of the accident. I’m in no real position to render any kind of judgment about who is right or wrong, and I do not wish for my opinion to be taken as siding with either Hasmik Khanbabayan or the city.

But I do have two nagging questions: Is anyone accountable for anything anymore? Or is it more important to find someone else to blame and hold liable when something goes wrong?

There’s a popular saying: “Don’t hate the player, hate the game.” In this particular case, the game is our litigious legal system. In it, personal-injury attorneys file large lawsuits on behalf of plaintiffs like Hasmik Khanbabayan knowing it will most likely be settled for a reduced sum before trial.

This is especially true when they’re playing the game against a corporation or municipality.

In this case, the defendant (the city of Glendale) contends that it has no liability and therefore no responsibility to compensate Hasmik Khanbabayan for the medical and funeral expenses. Yet whether the city is right or wrong, the unpredictability of a jury creates a real temptation to settle out of court, rather than risk whatever costs (attorney fees and/or punitive damages) a wrongful-death conviction might bring upon the city. This is the way the legal game is often played.

The next round is called mediation. With no eminent threat of a jury trial, both sides go into mediation to evaluate the strength of the other’s case.

Not surprisingly, it yielded no settlement here.