On June 4, 2011, plaintiff Christian Elssner, 33, a Web designer, was a back seat passenger in a vehicle that was traveling in Venice Beach and that was operated by Nathan Ward. Elssner had been out with friends in Venice the night before and when he got in Ward’s vehicle in the early morning hours of June 4, 2011, another passenger, Kyle Uminger, had been sleeping in the back seat for four hours. Elssner contended that while they were traveling in the back of the vehicle, an altercation involving him and Uminger broke out, which resulted in him being pulled out of the car and kicked in the face by Uminger. Elssner sued Uminger, Ward, and another passenger in the vehicle, Ali Mirrasekhian. Elssner alleged that the defendants’ actions constituted battery and negligence. Ward and Mirrasekhian were voluntarily dismissed from the case prior to trial. Thus, the matter proceeded to trial against Uminger only. Elssner claimed that at approximately 2 a.m., a physical altercation broke out in the back seat with Uminger. He alleged that although the altercation was broken up by Mirrasekhian, Ward stopped the car and he was pulled out by someone (whom he could not recall). Elssner claimed that while he was unconscious on the ground outside of the vehicle, Uminger kicked him in the face, causing multiple facial . In addition, plaintiff’s counsel called witnesses who testified that Ward pulled Elssner out of the vehicle before Uminger making contact with Elssner. Uminger’s counsel disputed Elssner’s account of the incident, claiming that Elssner initiated the altercation and that Uminger was merely defending himself. In addition, Uminger’s counsel noted that Elssner acknowledged consuming .25 mm of Xanax and an unknown amount of alcohol prior to going out., A passerby called 911, and an ambulance was dispatched to the area. However, Elssner claimed Uminger’s friends told the emergency medical technicians that he did not appear to be in need of medical attention. Thus, Elssner presented to UCLA Medical Center the following day and was diagnosed with a zygomaticomaxillary complex fracture to the left side of his face, as well as an orbital fracture under his right eye. He subsequently underwent surgery with the placement of titanium plates and screws, and an orbital bone graft to correct enophthalmos, which is the posterior displacement of the eyeball within the orbit. Elssner also suffered from swelling, ecchymosis, a lip laceration, and chipped teeth for which he received dental repairs. Elssner claimed that he continues to feel intermittent pain in the area of the hardware, particularly with cold weather. He alleged that as a result, it has been recommended that he have the hardware removed. Thus, Elssner claimed $16,500 in past medical costs, $10,500 in future medical costs (for the removal of the hardware), $200,000 in past pain and suffering, and $100,000 in future pain and suffering. He also claimed Uminger acted with malice in committing battery and requested $50,000 in punitive damages. Uminger’s counsel did not dispute Elssner’s claimed and damages.