Robert Britton v. Harper Investments Inc. dba The Red Fox
Published: Apr. 5, 2001 | Result Date: Mar. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: CV000385 Verdict – $464,936
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
James McKiernan
(James McKiernan Lawyers)
Defendant
Experts
Plaintiff
Kenneth L. Baldwin
(medical)
Fred Del Marva
(technical)
Facts
On Feb. 6, 2000, the plaintiff, a 50-year-old contractor and custom car enthusiast, entered The Red Fox bar in
Grover Beach to meet two friends and listen to a band. The plaintiff was sober and did not consume any
alcoholic beverages while at The Red Fox. After entering the bar, the plaintiff was confronted by an intoxicated
patron, Tony Aston.
While inside the bar, Aston verbally and physically assaulted the plaintiff and challenged him to a fight. The
plaintiff was grabbed by a bartender of The Red Fox, who escorted him outside. The plaintiff began walking to
his vehicle, which was parked in The Red Fox parking lot approximately 75 feet west of the entrance to the
bar.
Approximately one minute after ejecting the plaintiff, The Red Fox bartender ejected Aston. Upon being
ejected, Aston spotted the plaintiff about 75 feet away on the sidewalk and attacked the plaintiff, jumping him
from behind and beating him about the head and face with his fists.
The plaintiff suffered multiple injuries including a broken hip, broken nose and multiple facial lacerations.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $249,000. The defendant offered $25,000.
Specials in Evidence
$41,932 $100,000 ($50,000 hip replacement; $50,000 hip replacement revision)
Injuries
The plaintiff suffered fracture of the left femur, fractured nose, facial lacerations. The plaintiff underwent non-cemented bipolar hemiarthroplasty and may require possible future conversion to total hip replacement and possible future hip replacement revision. The plaintiff has left hip stiffness and pain.
Other Information
Evidence presented by the plaintiff indicated that the bureau of Alcoholic Beverage Control warned the defendant on two occasions in the 18-month period proceeding this event that its bar was a nuisance due to the number of incident involving fights, public intoxication and disturbing the peace at and around the bar and ordered the bar to take reasonable steps to correct the problem. According to the plaintiff, The Red Fox owner testified that he did not recall one instance of the police coming to his bar or fights prior to the date of the incident. Judgment against The Red Fox totals $262,567 plus costs of $26,403 and prejudgment interest.
Deliberation
seven hours
Length
six days
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