Facts

On May 15, 2009, Ricardo Fernandez visited a club on Hollywood Blvd. in Los Angeles, where he met a woman. The woman asked Fernandez whether he wanted to join her and others on a party bus. Daniel Sanchez was driving the party bus, which was returning to Montclair. While on the bus, an altercation occurred. Fernandez sued Sanchez. Sanchez brought a third-party complaint against another passenger, Nicholas Harriman.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that while en route to Montclair, an argument occurred and it turned into a physical incident because some of the passengers did not like that he was on the bus with them. He alleged that when the bus got to Montclair, a fight broke out, and the passengers and the bus driver chased him and hit him. He claimed that some of passengers began attacking the woman who had invited him, and that he tried to help her by hitting another passenger. In particular, he alleged claims for negligence and negligence as a common carrier against Sanchez. He argued that Sanchez's business involved renting the party bus to others.

DEFENDANT'S CONTENTIONS:
Defendant argued that because he never asked for any money from the passengers, it could not be considered his business. In addition, he argued that although he saw a verbal disagreement take place involving the plaintiff, he left to his home after the bus got to Montclair.

Settlement Discussions

Plaintiff demanded $15,000 at the policy limit and defendant offered to waive costs.

Injuries

Fernandez suffered a left lateral orbital facture, eyelid laceration and rib fracture.

Result

The jury awarded Fernandez $44,617, which constituted $31,617 in medical expenses and $11,000 in noneconomic damages. However, the jury found that Fernandez was 20 percent liable, which reduced the award to $28,594. Also, Sanchez was found to be 30 percent at fault and Harriman was found to be 30 percent at fault.

Other Information

Defendant has filed his motion for a new trial and plaintiff has filed his motion to Augment Cost based on the CCP 998.

Deliberation

half day

Poll

12-0 (liability)

Length

five days