During the late evening of April 17, 2015, plaintiff Mark Rodriguez, a self-employed man in his 30s, was escorted out of the Players Bar, a bar in San Marcos, by Elmer Ugarte, a bouncer at the Players Bar. Once outside the patio, and on the sidewalk, an altercation occurred, during which Ugarte punched Rodriguez several times. Rodriguez claimed he sustained multiple contusions and an injury to his left ear. The scene was caught on video. Rodriguez sued Ugarte and Ugarte’s employer, Players Bar Inc. Rodriguez alleged that Ugarte was negligent for the assault. Rodriguez also alleged that Players Bar was liable for Ugarte’s actions based on its negligent hiring, training and supervision of Ugarte. Rodriguez claimed that once he was escorted outside, he turned and flipped the hat off of Ugarte’s head and that as a result, Ugarte started punching him, landing multiple blows. Plaintiff’s counsel contended that Ugarte was a former military member with two tours in Iraq and a diagnosed history of post-traumatic stress disorder related to violent events from his most recent military tour of duty. Counsel asserted that Players Bar was aware of Ugarte’s condition, as well as knew of Ugarte’s current and ongoing need for treatment for his PTSD. Counsel further contended that Ugarte had not been trained or licensed as a security guard. Thus, plaintiff’s counsel asserted that Ugarte was inadequately trained and supervised by Players Bar. According to plaintiff’s counsel, defense counsel took the position that the defendants did nothing wrong and that no counseling was necessary for Ugarte. Defense counsel asserted that the “bouncer,” Ugarte, was not a “security guard” and, thus, did not require additional training because the law states that only “uniformed guards” need to receive proper training, per the Business and Professions Code regarding proprietary private security officers, § 7574.10 et seq. Counsel also asserted that Ugarte acted in self-defense. In addition, defense counsel asserted that Players Bar was not negligent in the hiring of Ugarte because it is illegal for an employer to question a prospective employee about possible military PTSD and that Ugarte had no history of prior physical altercations or a criminal background, which would have been found during a background check., Rodriguez sustained multiple contusions and other marks from the multiple blows he took. He also claimed he suffered an ear injury from the altercation. Rodriguez was subsequently transported to a hospital, where he was diagnosed with a ruptured tympanic membrane of his left ear. Rodriguez claimed that although his ear injury has mostly resolved, he still has occasional symptoms, including tinnitus. Thus, Rodriguez sought recovery of $75,000 to $125,000 in damages for his past and future pain and suffering. (He waived his claims for medical costs and lost earnings.) Rodriguez also sought recovery of punitive damages.