Case details

Patron claimed negligent security failed to prevent battery

SUMMARY

$96000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anterior cruciate ligament, knee, left knee, meniscus, tear
FACTS
On Oct. 13, 2010, at approximately 10:30 p.m., plaintiff Dale Johnson, 41, a limo driver, was a patron at James’ Beach restaurant in Venice Beach. While at the outdoor patio bar, Johnson claimed he was attacked and tackled from behind by another patron, Donald Hartunian, who was there on a date. Johnson claimed to his left knee. Johnson sued Hartunian; James’ Beach; the security company hired by the restaurant, X-Zero Protective Services; and the security guard on duty on the night in question, Carl Bernard. (Johnson also erroneously named Canal Club as a defendant, but it was dismissed from the action.) Johnson alleged that Hartunian’s actions constituted battery and negligence and that James’ Beach failed to provide adequate security and negligently inflicted emotional distress. He also alleged that X-Zero negligently/inadequately trained Bernard and that Bernard was negligent in the security he provided. Johnson claimed that the security at James’ Beach was inadequate and neglectful, which allowed Hartunian to attack him on the outdoor patio. He also claimed that Bernard was inadequately trained and neglectful for not preventing the attack. Johnson alleged that Bernard conspired with Hartunian to have him battered because Bernard was jealous of a relationship he had with a certain woman. Hartunian alleged that Johnson was the aggressor and that he acted in self-defense. James’ Beach, X-Zero and Bernard claimed that while Bernard was talking to Johnson, Hartunian, suddenly and without warning, took it upon himself to intervene and place Johnson in a headlock, bringing him to the floor. Thus, they contended that Hartunian’s actions were unforeseeable and that they acted reasonably in securing the restaurant., Johnson claimed he was tackled from behind, resulting in tears of his left knee’s anterior cruciate ligament and meniscus. He underwent a surgical repair of his left knee on Oct. 9, 2012, and followed up with physical therapy and chiropractic care through January 2014. Johnson claimed he suffers residual knee pain, but does not currently seek any further treatment. However, he claimed that due to his inability to lift heavy bags, he did not feel capable of working as a limousine driver and ultimately left his job, where he earned $15 per hour and worked 20 to 30 hours per week. Johnson sought recovery of $300,000 in total damages, including $81,000 in past medical costs, and an unspecified amount of damages for his pain and suffering. He also sought recovery of punitive damages against Hartunian. Counsel Bernard, X-Zero and James’ Beach did not dispute the nature of Johnson’s allegedly caused by Hartunian.
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