On May 27, 2009, at approximately 9:30 p.m., plaintiffs Denise Kinley, 34, a bookkeeper and Navy Reservist, and Evelyn Daniels, 31, a procurement specialist, were involved in an altercation outside Tony P’s Dockside Grill in Marina del Rey, during which they were stabbed. Prior to the incident, Kinley and Daniels went to Tony P’s Dockside Grill to watch a Lakers’ playoff game with some friends. While seated in the tavern area of the restaurant, the group was approached by Treona Gilbert and her male friend, who offered to buy a round of drinks in exchange for letting them sit at their table in the crowded restaurant. At some point while the parties dined together, Gilbert went to the bathroom, but upon her return, she noticed her friend and Daniels in mid-argument. When the argument became heated, a staff member of the restaurant came over to the table to speak to the group, and the parties left the restaurant soon thereafter. Once in the restaurant’s parking lot, a fight broke out. Kinley claimed Gilbert bear hugged her from behind and stabbed her with a knife that she had retrieved from her car. When Gilbert attempted to flee in her car, Daniels chased after her and began punching Gilbert through the car’s front, driver’s side window. Daniels claimed that Gilbert then proceeded to stab her in the right forearm. Following the altercation, Gilbert was arrested, admitted her guilt, and sentenced to four years in prison. Kinley and Daniels sued Teasers MDR, the operator of Tony P’s Dockside Grill. Kinley and Daniels alleged that Teasers was general negligent for allowing the stabbings to occur outside of the restaurant. Gilbert and her friend were not parties in the lawsuit. Kinley and Daniels claimed that the argument inside the restaurant led to its staff asking everyone at the table to leave. They claimed that once outside, Gilbert attacked Kinley from behind with a knife and then proceeded to attack Daniels when she confronted Gilbert at her vehicle. Thus, plaintiffs’ counsel contended that Teasers failed to properly diffuse the situation inside the restaurant and, instead, kicked everyone out at the same time, allowing the stabbings to occur. Defense counsel argued that the incident was an unforeseeable and unanticipated criminal act by a third party, for which Teasers was not responsible. Counsel also argued that because of a complete absence of any history of prior, similar, criminal acts on the premises, Teasers had no duty to employ bouncers or security. Defense counsel further argued that Kinley and Daniels were at least comparatively liable for the incident, noting that Gilbert claimed that Kinley started the argument by taking a sip of her friend’s drink and that curse words were exchanged between the parties, as well as a racial epithet. Counsel also noted that Gilbert claimed that at some point during the argument, Kinley either threw or spilled a drink in her direction. However, Kinley denied doing this. The manager of Tony P’s Dockside Grill also denied asking everyone at the table to leave and, instead, claimed that she asked the parties to quiet down; otherwise they would have to leave. In addition, defense counsel contended that Daniels was not entitled to recover damages because she pursued Gilbert, who was fleeing the scene in her car, and was injured while punching Gilbert through the vehicle’s window., Kinley was stabbed in the chest area, resulting in lacerations, puncture wounds and a bruised lung. As a result, she was hospitalized for a week and had a tube inserted into her pleural cavity to drain fluid. Kinley claimed she was left with a residual scar from her stab wound. She also claimed that she now suffers from post-traumatic stress disorder and depression, for which she seeks psychological therapy. Kinley, a Navy Reservist, further claimed that her physical resulted in her inability to be deployed to Afghanistan. Daniels suffered a stab wound to her right forearm, for which she received 30 sutures. She claimed that as a result of the injury, there was some indication of neuropathy in her right arm, for which she treated with pain management. Daniels claimed that she now has weakened grip strength in her right hand. Thus, during closing arguments, plaintiffs’ counsel asked the jury to award Kinley $1.03 million in total damages and award Daniels $350,000 in total damages. Defense counsel disputed the nature and extent of Kinley’s alleged psychological damages, and introduced evidence of Kinley’s pre-existing mental and emotional issues, including alcohol dependence. Counsel also contended that Kinley was malingering. In addition, defense counsel introduced evidence that other pre-existing psychological conditions, including prior incurred while Kinley was in the Navy, prevented Kinley from being deployed. Regarding Daniels, defense counsel introduced evidence that she had fully recovered from her injury. Thus, counsel argued that there was no objective evidence precluding Daniels from seeking gainful employment or carrying on with her ordinary activities of daily living.