Case details

Company negligently hired and trained security guard: plaintiff

SUMMARY

$57749022.11

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, brain, brain damage, brain injury, cognition, head, impairment, internal bleeding, language, mental, psychological, sensory, speech, subarachnoid hemorrhage, subdural hematoma
FACTS
On April 19, 2010, plaintiff Antonio Chaj, 40, a house painter, was at Barra Latina, a bar located near the intersection of Catalina Street and 8th Street, in Los Angeles, Calif. His nephews Eric Chaj and Pedro Chaj, as well as his brother, were at the bar with him when the bartender refused to serve Eric Chaj because he reportedly called the bartender a name. The bartender then jumped from behind the bar and struck Eric Chaj with a pair of brass knuckles. Emerson Quintanilla, a security guard at the bar, then kicked Eric Chaj and struck Pedro Chaj with a baton, as well as sprayed Pedro Chaj with pepper spray. Antonio Chaj allegedly attempted to intervene, but he was also struck by Quintanilla’s baton. Antonio Chaj was ultimately struck eight times on the head before Quintanilla took him outside, where he continued to hit him with the baton on the head twice more. Quintanilla then kicked Antonio Chaj in the head six times, grabbed his shirt, and then smashing his head into the concrete sidewalk four times. As a result of the beating, Antonio Chaj sustained traumatic head and brain , requiring the removal of a portion of his skull and brain. Antonio Chaj and his nephews sued Quintanilla; Quintanilla’s employer, Jose De Jesus Flores Avalos, individually and doing business as DGSP Security & Patrol Services; and the owner of the bar, Myung Kim, also known as Kim Myhung Hee, individually and doing business as Barra Latina Inc. The Chajs brought causes of actions against the defendants for negligent hiring, supervision, and training of the security guard, as well as assault and battery. Prior to trial, the claims of assault and battery were dropped, and Eric Chaj and Pedro Chaj discontinued their respective individual claims against the defendants. Quintanilla and the bartender also disappeared from the area prior to the beginning of the civil trial. In addition, Kim, both individually and as Barra Latina, and Avalos, individually only, were let out of the case. Thus, the matter continued on Antonio Chaj’s negligence claims against DGSP Security & Patrol Services only. Counsel for Antonio Chaj contended that DGSP was liable for the negligent hiring, supervision and training of Quintanilla. Counsel also contended that DGSP, as well as other security companies in California under the California Business and Professions Code, was required to provide its security guards with 32 hours of training within the first six months of employment. However, plaintiff’s counsel argued that Quintanilla did not receive any training whatsoever. Counsel for Antonio Chaj further argued that DGSP was responsible to check and see if Quintanilla had a valid guard card, which guards in California are supposed to carry to verify their training. However, counsel contended that the guard card that Quintanilla was carrying was a fake and that DGSP could have easily checked whether or not Quintanilla’s card was a fake, but failed to do so. Thus, counsel argued that DGSP was negligent in the hiring of an employee that did not qualify for the job. In addition, the plaintiff’s security expert testified that DGSP violated the law by not checking the security guard’s card to make sure that it was valid, and that Quintanilla violated the law by using a baton without having a permit for it. Thus, the expert opined that DGSP was liable for the negligent supervision and inadequate training of Quintanilla. DGSP’s counsel admitted that DGSP failed to verify Quintanilla’s qualifications, as well as failing to give Quintanilla the required 32 hours of training. However, counsel argued that Quintanilla acted the way he did as a result of being in a situation of mutual combat. Thus, DGSP’s counsel contended that Chaj shared comparative fault for the incident, arguing that Chaj was negligent for getting into the fight and for intervening in the altercation., Antonio Chaj sustained blunt-force trauma to his head and was transported by ambulance to Los Angeles County + University of Southern California Medical Center, in Los Angeles, where he was admitted for several weeks. He was diagnosed with subdural hematomas to both sides of his brain, as well as an arachnoid hemorrhage on the left side of his brain, and multiple brain bleeds and bruises. An emergency evacuation was performed at the hospital for an 8-centimeter hematoma, which had caused a midline shift. Ultimately, half of Chaj’s skull was removed, along with 25 percent of his brain. Following his hospitalization, Chaj was sent to a rehabilitation center, where he was treated for 1.5 years. According to plaintiff’s counsel, Chaj experienced permanent cognitive disabilities, including being unable to speak. Counsel also contended that Chaj now requires 24/7 care, including assistance with walking and bathing, as well as other daily activities. The plaintiff’s rehabilitation expert testified in regards to the medical costs, therapies and doctors that Chaj would require in the future. The plaintiff’s expert neurologist opined that Chaj suffered profound and permanent brain damage, of which he would never recover. In addition, the plaintiff’s economic expert calculated Chaj’s economic damages based on numbers provided by the plaintiff’s life care planning expert. Thus, plaintiff’s counsel asked the jury to award Antonio Chaj $126,000 in past medical costs, $11 million in future medical costs, $96,000 in past wage loss, and damages for past and future pain and suffering in the amount of approximately one to two times the medical costs alleged.
COURT
Superior Court of Los Angeles County, Torrance, CA

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