Case details

Suit: Restaurant liable for death after serving intoxicated minor

SUMMARY

$40000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death, laceration, loss of society, puncture wound
FACTS
On Jan. 24, 2009, plaintiffs’ decedent Orlando Jordan, 33, a Wells Fargo bank worker, was dining with his girlfriend at the T.G.I. Friday’s restaurant within the Galleria at Tyler mall, in Riverside. At approximately 1 a.m., Jordan’s girlfriend’s adult son, Michael Castillo, and his friend, Louis Martinez, joined them. Both Castillo and Martinez were allegedly intoxicated upon their arrival at the restaurant and then proceeded to drink heavily after joining Jordan and his girlfriend. Approximately a half hour later, Jordan and Castillo got into a heated argument that resulted in a physical altercation. During the fight, Castillo stabbed Jordan with a knife. Jordan ultimately died from his injury. Castillo and Martinez were both charged and incarcerated for the assault. The decedent’s parents, Rey and Carmen Jordan, sued Castillo; Martinez; and the T.G.I. Friday’s franchise operator, Briad Restaurant Group, LLC. Briad Restaurant Group subsequently brought a cross-complaint against Castillo and Martinez. The decedent’s parents initially named the franchisee, TGI Fridays Inc., and Tyler Mall Limited Partnership, doing business as Galleria at Tyler, (as well as named variations of those companies’ names) as defendants, but they were ultimately released on summary judgment prior to the commencement of trial. The mall’s security contractor, General Growth Management Inc. (as well as other variations of that company’s name), was also named as a defendant, but it was also dismissed prior to trial. Once it was determined that the decedent’s parents’ case was aligned with Martinez’s position in the case, the parent’s counsel dismissed their claim against Martinez. Briad Restaurant Group later also dismissed Martinez as a cross-defendant. Thus, Martinez was let out of the case, but still testified at trial. The jury was also allowed to still consider Martinez’s percentage of fault. Castillo defaulted and was not present at trial. Plaintiffs’ counsel contended that Briad Restaurant Group was negligent for knowingly serving alcohol to the visibly intoxicated and underage Castillo. Thus, counsel argued that the negligent service of alcohol led to Castillo’s assault, resulting in the decedent’s wrongful death. A bartender who was on duty on during the subject incident testified that he served the group a series of drinks — including shots of tequila, cocktails and beer — over a period of 30 to 45 minutes. Martinez testified that he and Castillo had gone to T.G.I. Friday’s to get drunk. He also claimed that the decedent had not done anything to provoke the attack that occurred. Counsel for Briad Restaurant Group denied that either Martinez or Castillo was served alcohol at the time alleged., Orlando Jordan was stabbed during an altercation and was ultimately pronounced dead upon arrival at nearby Riverside Community Hospital, in Riverside. He was survived by his parents. Thus, the decedent’s parents sought recovery of wrongful death damages for the loss of their son’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
COURT
Superior Court of Riverside County, Riverside, CA

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