Case details

Lack of security in bathrooms led to rape, plaintiff alleged

SUMMARY

$5420000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, mental, psychological
FACTS
On March 23, 2009, at approximately 11:30 p.m., the plaintiff, a 37-year-old producer, had food and drinks at a few West Hollywood establishments before entering Here Lounge, a nightclub in West Hollywood, to get a drink of water and use the restroom. The plaintiff claimed that Victor Cruz, a busser at Here Lounge, followed her into the restroom, where he sexually battered and raped her. The plaintiff sued Cruz and 696 North Robertson, which was doing business as Here Lounge. The plaintiff alleged that Cruz’s actions constituted sexual battery. She also alleged that 696 North Robertson was negligent in the security it provided. Plaintiff’s counsel contended that Here Lounge knew that its patrons engaged in nightly sexual conduct in the restrooms at the back of the club, so it had a policy in place wherein Here Lounge provided at least one security guard in the restroom area at all times. However, counsel contended that at the time of the incident, there was no security present in the restroom area. Thus, plaintiff’s counsel argued that had security been present, the sexual battery and rape would not have occurred. Cruz, acting in pro per, did not appear at trial. However, the jury was shown Cruz’s police interview video following his arrest, as well as testimony from Cruz’s criminal trial. Counsel for 696 North Robertson contended that the nightclub’s security was adequate and that the encounter between the plaintiff and Cruz was consensual., The plaintiff claimed she was raped, causing physical , as well as severe post-traumatic stress disorder and anxiety. She claimed that as a result, she is now afraid of public places, specifically restrooms, and had to change her residence due to fear of retaliation from Cruz. Thus, the plaintiff sought recovery of $70,000 in future therapy costs, as well as damages for her pain and suffering. Counsel for 696 North Robertson disputed the nature and extent of the plaintiff’s alleged damages. The defense’s OB-GYN expert testified that the plaintiff’s alleged physical were not consistent with rape, but rather consensual sex. In addition, the defense’s expert psychiatrist opined that the plaintiff did not suffer from post-traumatic stress disorder.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case