Case details

Stabbing victim: Bar owner failed to provide adequate security

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arteries punctured
FACTS
On April 19, 2010, plaintiff Jose Luis Rosales Jr., 29, a construction worker, was at the bar at Bally Steak House, in Carson, when he got into an altercation with another patron. During the altercation, a man stabbed Rosales in the chest and stomach, and then fled the scene. The assailant could not be located, and law enforcement closed its investigation after determining that Rosales was uncooperative in identifying his assailant. Rosales sued Bally’s Bar & Grill; Bally Grill & Bar; TME Rendezvous Lounge; Bally’s Steak House; the believed tenants and operators of the establishment, Donald Bienvenu and Jose Becerra; and the landlord, Lauren Lee. The matter proceeded to a bifurcated trial, in which the first phase was to determine ownership of the bar and restaurant, and the second phase was to determine liability. During the first phase of trial, it was determined that the establishment was called “Bally Steak House” and that the other company names were erroneously sued. The jury also found that Lee was the actual tenant, and not just the landlord, and that Lee was doing business as Bally Steak House and TME Rendezvous Lounge. As a result, Bienvenu and Becerra were dismissed from the case. Thus, the matter proceeded to the second phase of the trial against Lee only. During the second phase of trial, plaintiff’s counsel argued that Lee, as the owner of the bar and restaurant, was negligent for failing to provide adequate security. Counsel also argued that Lee’s employees were not properly trained, as none of the employees called 911 after the stabbing and just left Rosales there. Plaintiff’s counsel contended that there were also past instances of violence at the subject location and that Lee claimed that she was unaware of the violence. Lee claimed that she was only the landlord and that she did not know about the subject incident or of any past instances of violence., Rosales sustained punctures to his chest and stomach, but did not sustain any organ damage. He subsequently drove part of the way to a hospital and was then helped by friends the rest of the way. Rosales underwent open heart surgery to ensure that none of his arteries were punctured and he was subsequently hospitalized for a few weeks. He then required only minimal treatment. For one year after the incident, Rosales could not do any heavy lifting. However, he is currently doing okay, but is left with a scar on his stomach. He claimed he had $54,000 in past medical costs. According to defense counsel, during closing arguments, plaintiff’s counsel requested that the jury render a verdict in favor of Rosales in the amount of $6.4 million. After the first phase of trial, and before the damages phase, the parties established a $985,000/$600,000 high/low agreement in exchange for the parties waiving their right to appeal.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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