Facts

On Nov. 17, 2005, plaintiff John Doe was at a "Gentleman's Club" called Xposed and had requested a dancer to do a "lap dance." Plaintiff claimed that he sustained a "penile fracture" and a laceration as a result of dancer falling on him.

Plaintiff claimed negligence, gross negligence and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the dancer had been drinking and fell on him during dance causing his injury. Plaintiff claimed that Xposed is liable as the dancer's employer.

According to defense counsel, plaintiff also claimed that Xposed failed to provide aid to him after the incident.

DEFENDANTS' CONTENTIONS:
Xposed claimed that the dancer was neither drunk nor negligent and did not fall on defendant.

Settlement Discussions

Plaintiff demanded $126,000, via CCP 998. Defendant made a CCP 998 offer of $22,500.

Specials in Evidence

According to defense counsel, plaintiff sought to recover $2,750 in past medical expenses. Plaintiff sought to recover between $100,000 to $200,000, for future reconstructive surgery.

Injuries

Plaintiff claimed that he suffered a laceration and a "fractured penis."

Result

Defense verdict.

Deliberation

one hour

Length

seven days