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Personal Injury
Premises Liability
Assault, Negligent Security

Steven Perea v. W.S.B. & Associates Inc., Alex Quianbao

Published: Sep. 13, 2008 | Result Date: Jun. 23, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC-07-465121 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Robert A. Tayac


Defendant

Michael J. Estep


Experts

Plaintiff

Alan McCann
(technical)

Facts

On Jan. 20, 2007 defendant security guard Alex Quianbao allegedly beat plaintiff Steven Perea, a 24-year-old unemployed man, outside the 430 Turk Street public housing complex in San Francisco's Tenderloin district. The plaintiff sued defendant and his employer, W.S.B. & Associates Inc., for assault, battery, and intentional infliction of emotional distress.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant struck him eight times using a metal baton for no apparent reason except that plaintiff was an openly gay male. The plaintiff was on his way to Deco Lounge, a popular gay bar. The defendant was looking outside the complex's glass window when he saw plaintiff urinate on the building's exterior. The uniformed security guard allegedly exited the complex to tell plaintiff to urinate somewhere else, then followed plaintiff and his friend around a corner, where he punched and kicked plaintiff. The plaintiff and his friend became belligerent and used ethnic slurs.

DEFENDANTS' CONTENTIONS:
The defendant contended he felt threatened and struck plaintiff in self-defense. He only hit plaintiff once on the leg with his baton, then went back to his post. The plaintiff admitted during deposition that he consumed two beers at home before going out that evening; his friend said plaintiff drank at least eight beers. The plaintiff allegedly denied the statements he made during the deposition at trial.

Damages

The plaintiff sought unspecified damages and requested punitive damages.

Injuries

The plaintiff claimed bruises to his head, back, chest, arms, and legs as well as emotional distress. The defendants disputed plaintiff's alleged injuries.

Result

The jury returned a defense verdict.

Other Information

Insurer: Everest National Insurance Co. for defendants.

Poll

one hour

Length

six days


#101897

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