On Dec. 11, 2011, at 12:30 a.m., plaintiff Nicholas Castro, 31, was with his girlfriend and a friend at the Seahorse Saloon, in Pacifica, when it was discovered that someone had stolen a motorized scooter belonging to Tom Buckle, an employee of the bar who arrived to socialize that night. As a result, Castro left with Buckle to help look for the scooter. Buckle was later informed that the scooter was loaded onto a black sport utility vehicle belonging to Marlon Brown, an acquaintance of the employee who had been at the bar earlier that evening with his cousin, DeAndre Mackie. A mutual acquaintance then contacted Brown, asking him to return the scooter and Brown returned to the bar, but without the scooter. A few minutes later, Mackie returned riding the scooter, but Mackie and the scooter tipped over and crashed to the ground. Upon learning of the returned scooter, Buckle came out of the bar, grabbed the scooter and wheeled it back. He then told everyone to forget about everything. However, Buckle and Castro engaged in a verbal argument with Mackie, during which Buckle demanded that Mackie admit that he took the scooter and apologize. Mackie denied taking the scooter, refused to apologize and claimed he only “brought it back.” During the argument a group of youths, who were previously seen socializing with Brown and Mackie, remained loitering outside of the bar, behind Brown and Mackie, after a bar employee determined that four of the youths were underage and refused to accept them into the bar. (There were no security cameras or bouncer for the bar, but an employee checked patron ids in order to keep out those who were underage.) Subsequently, the situation escalated and Castro was escorted back into the bar by the employee who checked ids. Buckle was then punched by several unidentified people before also returning to the bar. However, Castro then left the bar again by exiting the side entrance along the side of the building and going down the handicap ramp. Castro claimed that as he came down the ramp, he was hit from the side by one of the loitering youths, chased up the ramp, grabbed by his sweatshirt, and put into a headlock. He was then thrown or kicked to the ground, where he was kicked again. Brown allegedly tried to stop the fight, but was also punched in the face. As a result, Brown grabbed Mackie, put him in the SUV, and drove away. The employee checking ids then came out of the bar and started pulling men off of Castro, who indicated that he was injured. Other bar patrons (all males) also participated in the fight once it started. However, Castro was allegedly the only one to sustain serious , including to his left knee, right hand and face. All parties consumed alcohol prior to the events. Castro sued Seahorse Saloon (which was erroneously sued as Seahorse Bar), Buckle, Brown, DeAndre Mackie and Andre Mackie. Castro alleged that Seahorse Saloon and Buckle were negligent for failing to provide proper security. He also alleged that the actions of Brown and the Mackies constituted assault and battery. A default judgment was entered against Andre and DeAndre Mackie. The matter subsequently proceeded to a bench trial against the remaining defendants. Plaintiff’s counsel contended that there was no security at the bar, as there was no bouncer, and that Buckle failed to call the police. Counsel further contended that Buckle had a policy and practice of having the staff not call the police, but instead have the staff try to diffuse the situation by talking first. Castro and the employee that checked ids testified that some of the loitering youths were hitting and kicking Castro. Castro claimed that although he knew none of the males that attacked him, he believed that Brown had kicked him during the altercation. Buckle testified that he did not call the police at any time during the events because there was no time to even consider it, as the fight started and ended quickly. However, Buckle claimed that Mackie was the one who first hit him. Brown denied kicking Castro and testified that Mackie and Castro were the ones in a physical fight after Mackie came at Castro. Defense counsel argued that Castro started the fight by returning outside and antagonizing the other parties. Thus, counsel argued that Castro was contributorily, or comparatively, negligent for going back outside and/or engaging in the fight., Castro was taken by his girlfriend and the employee that checked ids to a hospital, where he remained hospitalized for three days. Castro sustained fractures of the head and left tibia, and a tear of the adjoining left knee’s meniscus. He also suffered a fracture to the top of his right hand, near the bottom knuckle of his ring finger, and bruises to his face. After his hospitalization, Castro underwent physical therapy and knee surgery with the insertion of a plate and screws. His knee was then placed in an immobilizing brace, and then progressed to bendable knee support. Castro was not allowed to bear any weight for six to eight weeks and he gradually progressed to some weight-bearing, and then full-weight bearing. Castro was self-employed, running a pest control business, at the time of the incident. He claimed that he was not able to walk or work for at least three months during his recovery and that although he has healed, he still has some complaints. Defense counsel noted that prior to the subject incident, Castro had already sustained a fracture to his right ankle and a T12 compression fracture. Counsel also noted that Castro had other prior to his right hand, as revealed by X-rays, and that due to these prior , Castro was already taking high doses (80-milligrams) of OxyContin, four times daily. Although there was no dispute that Castro ran a pest control business and was self-employed, defense counsel challenged any claims of wage loss, as Castro did not have sufficient supporting evidence to demonstrate his damages in regard to his alleged lost earnings.