Case details

Hotel: Security had no time to prevent DJ from jumping

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, cervical, cervical spine, cognition, concussion, dizziness, fracture, fusion, head, herniated cervical disc, herniated disc, impaired memory, mental, migraines, mild traumatic brain injury, neck, neurological, psychological, radicular pain, radiculitis, slowed mental processing, traumatic brain injury, vertigo
FACTS
On May 27, 2012, plaintiff Brittany Hickman, 24, a marketing consultant, was at a crowded outdoor concert at the Hard Rock Hotel in San Diego, which featured DJ Steve Aoki, an American electro house musician, record producer, and music executive. During the concert, Aoki sent a large inflatable raft out into the crowd, climbed about 20 feet up a truss near the stage, and jumped onto the raft. Hickman, who did not know about the jump, was under the raft. As a result, the force of the Aoki landing on the raft knocked Hickman unconscious. Hickman later woke up inside the hotel, where someone was bandaging her ankle, but did not know what happened or why she was there. Hickman sued Aoki; Aoki’s employers, Dim Mak Inc., Dim Mak Tours Inc., DJ Kid Millionaire Inc., DJ Kid Millionaire Ltd., and DJ Kid Millionaire Touring Inc.; and the event organizers, Hardrock Café International (USA) Inc., Hard Rock Café America LP, Hard Rock Café International Inc., Hard Rock Hotel San Diego, Hardrock Café America (San Diego) LP, Hardrock Café International (San Diego) Inc., and Tarsadia Hotels. Aoki confidentially settled with Hickman on the first day of trial, prior to the picking of a jury. The matter then continued against Hard Rock Hotel San Diego, as all others were dismissed from the case. Plaintiff’s counsel argued that Hard Rock Hotel San Diego was negligent for having inadequate security. Specifically, counsel contended that Aoki was well-known for his concert performances and that diving from the scaffolding onto a raft held by audience members was a popular part of his act. Plaintiff’s counsel further contended the Hard Rock event organizers should have realized Aoki might jump during the show and should have taken measures to prevent him from doing so. Thus, counsel argued that the hotel did not do anything to protect its guests from the stunt. Defense counsel for Hard Rock Hotel San Diego contended that, prior to the incident, no one had ever jumped from the truss and that when Aoki performed at the Hard Rock Hotel San Diego the year prior, he only jumped into the raft from the stage. As such, counsel argued that the hotel had no reason to think Aoki would jump from the roof prior to the show at issue. Defense counsel further argued that there was adequate security, as the hotel had 50 security guards on duty that day, most of which were near Hickman’s location. Counsel contended that Aoki did not broadcast his intent to jump from the truss and that even Aoki, in his video deposition, said that he did not even know he was going to jump until five minutes before he did it. Defense counsel further contended that it only took a matter of approximately 15 to 20 seconds to climb the truss and jump, leaving an inadequate amount of time and opportunity to prevent the jump. Thus, defense counsel argued that Hard Rock Hotel San Diego’s promoter made an effort to stop Aoki from jumping once he saw Aoki climbing the truss, but that there was an insufficient amount of time to stop him., Hickman claimed that she was knocked unconscious and later woke up inside the hotel, where someone was bandaging her ankle. However, she did not present to a hospital until the day after she returned home to Arizona. Hickman claimed that she suffered jaw and neck pain that grew increasingly worse. She was ultimately diagnosed with a concussion, a nondisplaced fracture of the C5 facet in her cervical spine, and a herniated cervical disc at the C5-6 level. She also claimed she suffered a mild traumatic brain injury. Hickman was subsequently fitted with a neck brace to treat her neck pain. After months of wearing the brace, Hickman allegedly began to feel better. However, she claimed that when the brace was removed, she began feeling radiating pain. Hickman eventually underwent a cervical fusion to treat both the fracture and disc herniation in November 2015. Hickman alleged that the surgery alleviated some of her symptoms, but that her neck pain continues. She also alleged that her mild traumatic brain injury and post-concussion syndrome causes her to suffer from migraines, dizziness, impaired memory, slowed mental processing, and vertigo. Hickman claimed that she used to have an active lifestyle, which included an active social life and playing volleyball and hiking, but that she can no longer have as active a lifestyle. Thus, plaintiff’s counsel asked the jury to award $2 million in damages for Hickman’s past pain and suffering, $8 million for Hickman’s future pain and suffering, and up to $783,500 for Hickman’s medical expenses. Counsel also asked the jury to assign 10 percent liability to Aoki and 90 percent fault to Hard Rock Hotel San Diego. Defense counsel for Hard Rock Hotel San Diego contended that Hickman only suffered a relatively mild concussion from which most people make a full recovery and that the cervical fusion had been largely successful. Counsel also contended that Hickman did not seek any future economic damages, which indicated that the alleged did not significantly disrupt Hickman’s life. Thus, Hard Rock Hotel San Diego’s counsel suggested that an award of $500,000 would be reasonable compensation for Hickman, if the jury found that Hard Rock was liable for Hickman’s .
COURT
Superior Court of San Diego County, San Diego, CA

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