Case details

Plaintiff claimed brain injuries from club’s inadequate security

SUMMARY

$1350000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, epidural, extradural hematoma, fracture, frontal lobe contusion, head, headaches, intermittent ringing ears, mental, psychological, sensory, short term memory problems, skull, speech, subdural hematoma, traumatic brain injury, vertigo
FACTS
At around 1 a.m. on March 29, 2010, plaintiff Wilson Kong, 21, an undergraduate college student, was leaving a party at the Kokomo Nightclub at Lake Havasu, Arizona, when he was allegedly confronted by Austen Specht and Sean Jenkins. Kong claimed that both Specht, who was underage, and Jenkins were intoxicated as result of drinking at the Kokomo Nightclub. A physical altercation occurred, during which Kong suffered head . Kong sued Austen Specht; Sean Jenkins; the operator of the Kokomo Nightclub, London Bridge Resort, LLC, which was doing business as Kokomo Havasu; and the company that organized the party with London Bridge Resort, Summer Winter Action Tours, LLC, which was doing business as S*W*A*T. The alleged unidentified wives of Specht and Jenkins were initially named as defendants, but it was later discovered that they did not exist and were dropped from the case. Kong claimed Specht and Jenkins attacked him without warning or provocation. Plaintiff’s counsel contended that London Bridge Resort and Summer Winter Action Tours failed to provide adequate security for the party. Counsel also contended that London Bridge Resort and Summer Winter Action Tours negligently allowed Specht and Jenkins to become inebriated and remain at the party. Specht claimed that he was attacked and only acted in self-defense. Jenkins claimed that he had no physical contact with Kong whatsoever. London Bridge Resort contended that it had provided adequate security, that it had not served alcoholic drinks to Specht, and that it could not have prevented the assault. It further contended that the night club was fully staffed and contained a separate area for underage patrons and that ID checkpoints were enforced. Summer Winter Action Tours contended that London Bridge Resort did not allow it to provide security, that any alcoholic beverages provided to Specht and/or Jenkins at the party were provided by London Bridge Resort, and that it could not have prevented the assault., Kong suffered brain injury and had to be medevaced to Sunrise Hospital & Medical Center, in Las Vegas. He was nonresponsive when he arrived at the hospital and was placed in an induced coma for three days. It was ultimately determined that Kong had sustained epidural and subdural hematomas, resulting in the loss of his sense of smell (anosmia). Kong claimed that after his recovery, he continued to have residual headaches and vertigo, as well as intermittent ringing in his ears and problems with short-term memory. He eventually returned to San Jose State University and attempted to resume a normal life, and was even able to graduate from the university. However, he claimed that he did continue to suffer from a loss of sense of smell, headaches, and problems with short-term memory. Thus, Kong sought recovery of $64,868.94 in medical costs and $110,312.99 in lost income. He also sought recovery of damages for his past and future pain and suffering. Specht’s counsel contended that pre-trial testimony showed that there were multiple altercations simultaneously occurring and that any suffered by Kong were not the result of being struck Specht. Jenkins’ counsel contended that Jenkins in no way caused Kong’s . Counsel for London Bridge Resort noted that despite any on-going issues, Kong recovered from the accident, graduated from college, and remains fully employed in the technology sector.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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