Case details

Fight outside of restaurant results in father’s death

SUMMARY

$5052731

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
physical altercation
FACTS
On the night of May 8, 2007, plaintiffs’ decedent Gregory Mascorro, 30, a sales manager at a tile store, and Jeremy Lee Hollis were guests and customers at Alex Bar-B-Q, a drinking and eating establishment located in Pismo Beach. While they were paying a game of pool, a dispute arose between them. The dispute ultimately continued outside and resulted in a physical altercation. The following day, Mascorro died from multiple blunt force trauma to his head. Mascorro’s surviving minor children, Kailey Mascorro and Gregory Mascorro, Jr., acting through their mother and guardian ad litem, Heather Northcutt, sued Hollis and Alex Bar-B-Q, which was also doing business as ABBQ. They alleged that Hollis’ actions constituted negligence and an intentional tort for the assault and battery. They also alleged that Alex Bar-B-Q provided negligent security and that it was negligent in its hiring and supervision. Plaintiffs’ counsel contended that Hollis was liable for the altercation that led to Gregory Mascorro’s death. Counsel also contended that Alex Bar-B-Q failed to provide adequate security, and should have separated Mascorro and Hollis when the dispute began instead of sending them outside to fight after the dispute started. Hollis admitted that he was negligent in causing Mascorro’s death, but stated that he did not intend to cause a fatal injury to Mascorro. He was ultimately convicted of involuntary manslaughter due to the subject matter incident. Alex Bar-B-Q contended that it owed no duty to Mascorro, that there was adequate security on the premises and that Mascorro willingly engaged in the altercation that led to his death., Gregory Mascorro suffered multiple blunt force trauma to his head. He survived for approximately 11 hours after the incident, but was pronounced brain dead after being transported to a hospital from Alex Bar-B-Q. Mascorro died on May 9, 2007. He was 30. He is survived by his daughter Kailey, 7, and his son Gregory, 5. Prior to his death, Mascorro lived in Shell Beach, while his children and ex-wife lived in Woodlake, 157 miles away. Mascorro’s family sought recovery of wrongful death damages, including loss of support and pain and suffering.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA

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