On May 27, 2011, at 1:35 a.m. plaintiff Hasan Baydoun, a Middle Eastern man in his 20s, who was an analyst at a bank, attempted to retrieve items he left at The Alley Restaurant and Bar, in Newport Beach, but that a bonded security guard for the establishment, James Martin, who is black, prevented him from doing so. Baydoun claimed that when he made a comment to Martin about what his job, Martin assaulted and severely injured him in retaliation. Baydoun claimed he suffered to his hip, leg and face. Baydoun sued Martin; Martin’s employers, The Alley Restaurant and Bar and Alley Restaurant Management Inc.; and the owners of the establishment, Jeff Chon and Jooyul Chon. Baydoun alleged that Martin’s actions constituted assault and battery. He also alleged that The Alley Restaurant and Bar, Alley Restaurant Management and the Chons were negligent for failing to provide adequate security, negligent for failing to hire and/or train Martin, and negligent in the retention of Martin. Baydoun claimed that he explained to Martin that he needed to retrieve his phone from the bar, and that he left his credit card and friends there too. However, he claimed that Martin would not allow him to return. Baydoun further claimed that when he said to Martin, “What are you supposed to be, the gate boy?”, Martin came after him in retaliation. Defense counsel contended that Baydoun admitted to consuming five vodkas and to be experiencing cocaine for the first time on the night in question. Counsel also contended that last call at the bar was at 1:15 a.m. and that Martin told Baydoun that he could return the following morning for his items. However, defense counsel argued that Baydoun became very aggressive and was the instigator of the incident. Thus, counsel contended that when Baydoun became aggressive, Martin responded by taking Baydoun to the ground., Five hours after the incident, Baydoun presented to a hospital with abrasions and contusions to his face, legs, hip and shoulder. He was also diagnosed with fractures of a hip and femur. A couple of weeks later, Baydoun underwent surgery to repair his femur fracture. Baydoun was out of work for approximately 15 days as a result of his . He claimed that he is left with a residual, irregular gait. He alleged that as a result, he is no longer able to participate in activities such as biking, running, jogging and working out. In particular, he claimed he used to enjoy playing basketball, but he can no longer do so. Thus, Baydoun sought recovery of approximately $55,000 in past medical costs and approximately $10,000 in lost wages. He also sought recovery of damages for his past and future pain and suffering. In closing, plaintiff’s counsel asked the jury to award Baydoun $1.8 million in total damages. Defense counsel disputed Baydoun’s residual limitations and contended that a typical recovery was expected eight to 12 weeks after surgery. Counsel also noted that Baydoun would not settle for less than seven figures.