Case details
Plaintiff failed to mitigate damages after recovery: defense
SUMMARY
$396469
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
dental, face, facial, fracture, nose, tooth loss
FACTS
On July 24, 2015, plaintiff Kayhan Sharifzada, 29, a sales representative, was removed from the premises of The Red Rabbit, a bar and restaurant in Sacramento, by its employee, Tyler Erickson. Sharifzada alleged to his face, mouth and jaw as a result of the incident. Sharifzada sued Erickson and the owner of The Red Rabbit, JMRS Hospitality, LLC. Sharifzada alleged claims of negligent security against the defendants. Sharifzada alleged that he was improperly removed from the premises. He claimed that Erickson, a bouncer/security guard for The Red Rabbit, put him in a headlock and then threw him out of the premises. Sharifzada claimed that his head was then slammed against the concrete and that Erickson continued to hit him while he was on the ground. Plaintiff’s counsel contended that the Erickson was negligent in the removal of Sharifzada and used excessive force in doing so. Counsel also contended that JMRS Hospitality was liable for Erickson’s actions. In addition, plaintiff’s counsel noted that a few days after the subject incident, JMRS Hospitality was advised to keep any video surveillance due to an ongoing investigation of the incident, but the company allowed the surveillance to be overwritten. Defense counsel contended that Sharifzada and his brother initiated the incident and then escalated the events into a physical altercation. Counsel argued that Sharifzada and his brother both assaulted the employees., Sharifzada alleged that he sustained fractures of the mandible and mandibular condyles. He also alleged that he had at least a dozen damaged teeth that had to be later removed or repaired. Sharifzada was transported by ambulance to a hospital, where he underwent numerous procedures to repair his jaw and teeth. Sharifzada claimed he was disabled and unable to continue working. Sharifzada sought recovery of $1.1 million in past and future medical costs, $200,000 in past wage loss, and an unspecified amount of damages for his past and future pain and suffering. He also alleged that the incident was intentional, and sought recovery of punitive damages. Defense counsel contended that Sharifzada caused his own . Counsel also contended that Sharifzada recovered from the events and has been able to continue working. Defense counsel argued that Sharifzada failed to mitigate his damages by claiming wage loss and an inability to work while he extensively traveled and attended social functions. Counsel also presented numerous Instagram and Facebook posts that were allegedly evidence of Sharifzada’s numerous trips and drinking activities while claiming he was disabled and unable to work for the two years prior to trial.
COURT
Superior Court of Sacramento County, Sacramento, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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