Family of fatal-fight victim sues apartment complex

SAN LUIS OBISPO - The party atmosphere of a local apartment complex led to a fatal fight last year, the family of the victim said in a civil lawsuit.

Nathan Young, 20, died in September 2001 after being punched twice during a party at the Kris Kar Townhomes at 607 Grand Ave. Anthony Mendolia, then 19, was convicted of involuntary manslaughter in the incident and is currently serving a one-year sentence. The men, both Cuesta College students at the time, had been drinking when the fight occurred.

Young's family has filed a wrongful death lawsuit against Mendolia.

But the suit also names the owners of Kris Kar Townhomes -- Peter M. Kardel, Peter K. Kardel and Kari Kardel, all of San Luis Obipso. The suit accuses the Kardels of unfair business practices, nuisance, creation of a dangerous condition and wrongful death.

"The primary thrust of the case is a wrongful death case," said James McKiernan, the attorney for Young's family. "However, we also believe the Kris Kar apartments played a significant part in (Nathan Young's) death due to the dangerous condition that has occurred over there.

McKiernan pointed to a log, included in the lawsuit, which details 117 police responses to a variety of nuisance, noise and party calls at the apartment complex. Those calls took place between Feb. 1, 1998, and April 4, 2002.

The suit asks the court to order the Kardels to establish and enforce rules of conduct for tenants as well as to supervise outdoor parties on the property and prevent drinking by underage people.

Peter M. Kardel said he had not been served with the suit as of 4:30 p.m. Thursday.

"That's a pretty hefty charge," he said, adding that his leases do ban outdoor parties and limit indoor parties to 15 people.

"What they were doing that night was in absolute violation of the lease," Kardel said.

Kardel said he has been cooperating with the police to curtail illegal activity on his property.

The Youngs are also seeking $5 million for general damages, $105,000 in special damages and $1 million in punitive damages from all parties.

McKiernan said a January 1999 award of $5.1 million in a wrongful death lawsuit by the family of Tyler Hutchison was his basis in determining the requested damages in the Young case.

Hutchison was shot accidentally by his friend, Mark Westwick, at Westwick's Avila Beach home. Westwick, who failed to notify authorities for several days after the shooting, was acquitted of all criminal charges in 1997.

McKiernan said judgment is generally found in San Luis Obispo civil cases within a year.