On April 22, 2012, plaintiff David Simonek, 33, a construction worker, went to Old World Village, a German restaurant in Huntington Beach, to celebrate a birthday with friends. At around midnight, Simonek observed an altercation between the restaurant’s security guard, Mathew Barling, and another patron. Simonek claimed he tried to intervene and was assaulted by Barling, sustaining to his neck, throat, and left shoulder. Simonek sued Barling; the other patron involved in the altercation, Jason Kasko; and West Coast Soccer League, the corporation that operates Old World Village, also known as Old World German Restaurant. Simonek alleged that Barling’s actions constituted assault and battery. He also alleged that West Coast failed to provide adequate security, and was negligent in the hiring and supervision of Barling. Kasko was ultimately dismissed from the case. Simonek claimed that Barling was an unlicensed and untrained security guard, and that Barling used excessive force against him. Plaintiff’s counsel contended that the Old World restaurant was a facility not properly licensed to hire and train security guards, and that West Coast’s negligent hiring and supervision of Barling led to the assault. Counsel presented an eyewitness who testified that Barling overreacted by kicking and punching Simonek. Barling claimed that Simonek was the aggressor in the altercation and that he was merely acting in self-defense. He also noted that Simonek was arrested as a result of the altercation. (However, Simonek was later released, and all charges were dropped.) Defense counsel contended that the restaurant’s surveillance video showed that Simonek was the aggressor in the incident. Counsel also contended that Simonek told the investigating police officer that he had consumed 10 beers on the night in question and that the officer determined that Simonek was heavily intoxicated. (However, at his deposition, Simonek claimed he had between five or six beers and two to three shots of Jagermeister.), One day after the incident, Simonek went to an emergency room with complaints of neck, left shoulder, and throat pain/discomfort. He was diagnosed with a thoracic impingement on his air canal, which was giving him difficulty swallowing, and a partially torn rotator cuff of the left shoulder. On Nov. 20, 2012, Simonek underwent arthroscopic surgery on his left shoulder. He also treated with physical therapy and orthopedic care for roughly six months. Simonek claimed he still experiences residual pain to his neck and left shoulder, but is currently not seeking any further treatment. He alleged he used to be a professional fighter before the incident, but can no longer compete due to his physical condition. He also alleged he missed some work, but he did not pursue a lost earnings claim. Thus, Simonek sought recovery of $73,217 in past medical costs. He also sought recovery of damages for his pain and suffering. Defense counsel argued that Simonek caused his own by provoking Barling on the night in question. Counsel also argued that Simonek’s shoulder injury was a pre-existing condition from his career as a fighter and not related to the subject incident.