On May 15, 2009, plaintiff Ricardo Fernandez, 23, a student, was at a club in Hollywood when he met a lady who invited him back to a party bus that had traveled from Montclair to Hollywood for a 21-year-old’s birthday party. Fernandez then traveled back to Montclair on the bus operated by Daniel Sanchez with the lady and the other partygoers. Fernandez claimed an argument ensued on the bus, which became physical, resulting in a fight once they arrived at Montclair. He further claimed that the partygoers, including Sanchez, chased him and beat him, causing to his rib and left eye. Fernandez sued Sanchez for general negligence and negligence as a common carrier. Sanchez subsequently filed a third-party complaint against Nicholas Harriman, one of the partygoers. Fernandez claimed that Sanchez was in the business of chartering/renting out the party bus, and that Sanchez was operating the bus on the night in question as a business and as a common carrier. He also claimed that during the return trip to Montclair, some of the other partygoers on the bus took issue with him being there and an argument ensued. He alleged that a fight erupted when some of the partygoers began getting physical with the lady that invited him on the bus, causing him to come to the lady’s aid. Fernandez claimed that a fight then ensued between the partygoers and the young lady he met once the bus arrived in Montclair. He alleged that he attempted to protect the young lady and punched one of the men to get him off of her, but that as a result, the partygoers, including Sanchez, chased him and beat him. Thus, Fernandez claimed that Sanchez, as a common carrier, was responsible for the fight. Sanchez claimed that he was not operating the bus as a business, as he did not charge the partygoers any money, and that he was just driving the bus for his friends and family. He also claimed that he did see the oral argument start between Fernandez and the group, and that he went to his apartment to sleep after arriving in Montclair., Fernandez sustained an eyelid laceration, an orbital fracture and a fracture of his sixth rib. He was subsequently taken to Montclair Hospital Medical Center and later transferred to Kaiser Permanente – Bellflower. On May 17, 2009, Fernandez underwent an eyelid repair. Fernandez claimed his vision was blurry for 30 days. He also claimed that due to a resultant scar, he will require an endoscopic brow lift to lift and tighten the forehead skin, as the scar caused drooping of his left eyelid.