Case details

Bar claimed unarmed security could not deter fatal shooting

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On Jan. 9, 2009, plaintiffs’ decedent Christopher Hawthorne, 25, a welder, attended a punk rock concert at O’Connell’s bar located at 1310 Morena Boulevard in San Diego. After the concert, Hawthorne and Alexander Garcia-Perez, a minor who also attended the concert by presenting an unknown identification card to bar staff, got into an altercation in the bar’s parking lot. Hawthorne was allegedly seen yelling “white power” and directing Nazi salutes at Garcia-Perez. Garcia-Perez subsequently pulled out a gun, chased Hawthorne down the street and shot him in the head. Hawthorne died one block away from the bar. Garcia-Perez was captured by police a day after the killing, but no blood-alcohol test was given. Hawthorne’s wife, Cambria Hawthorne, acting individually, on behalf of her two minor children, Hanna and Ava Hawthorne, and on behalf of her husband’s estate,sued Garcia-Perez; the operator of O’Connell’s, R&L Nighthawks Inc.; and the bar owner, Richard Lalama. They alleged that Garcia-Perez was negligent for causing the decedent’s wrongful death. They also alleged that the bar and its owner were liable for failing to provide proper security and for negligently serving alcohol to an intoxicated minor. Donna Hawthorne and Kelly Hawthorne were also originally part of the plaintiffs’ action, but they were ultimately let out of the case. Plaintiffs’ counsel argued that although there were three guards on duty, the bar did not provide adequate security and that because the incident began on its property, it had a duty to protect the decedent. Counsel also argued that band playing that night, “Oxblood”, was known to have a large skinhead following and, therefore, the bar should have provided more security. The plaintiffs’ also brought a dram shop case against R&L Nighthawks and Lalama, claiming that video surveillance inside the bar showed Garcia-Perez, who was obviously intoxicated, and his friends drinking a lot of alcohol before the shooting. Garcia-Perez was arrested the day after the murder and remained incarcerated. He ultimately pled guilty to voluntary manslaughter and was sentenced to 31 years in prison. Thus, he did not appear at trial and was not represented by an attorney in this case. Counsel for R&L Nighthawks and Lalama argued that the security at the bar was adequate and that its staff called police when the altercation began. Counsel further argued that increased security could not have stopped the fatal act, noting that the guards were unarmed. In addition, counsel noted that the fatal shooting took place off the bar’s premises. Counsel for R&L Nighthawks and Lalama argued that the bar and its owner were unaware that Garcia-Perez was a minor, as he went through two ID checkpoints. Counsel also maintained that there was no direct evidence that Garcia-Perez was “obviously intoxicated” at the time that he was served alcohol, noting that signs of “obvious intoxication” include bloodshot eyes, slurred or incoherent speech, staggering and loss of balance., Christopher Hawthorne sustained a fatal gunshot wound to the head. He was 25. Hawthorne’s wife and children asked the jury to award $6 million in wrongful death damages, including damages for past and future lost earnings and past and future loss of household services.
COURT
Superior Court of San Diego County, San Diego, CA

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