Ashok Pandya, Vishali Pandya v. Onyx Room, LLC
Published: Jun. 10, 2003 | Result Date: Mar. 25, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC780296 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
The Onyx Room is a business owned and operated by the defendant, Onyx Room, LLC. The business is located in the basement of the Onyx Business Center at 852 Fifth Avenue in the downtown San Diego Gaslamp District. The Onyx Room is a large, two-room lounge with one dance floor that was opened in August of 1999. Since the opening, it has been named the "Best Bar" by the San Diego Gaslamp Association for three consecutive years (2000, 2001 and 2002). This case represents the first time that the defendant has ever received a formal complaint regarding the conduct of its security staff. It is also the first time the defendant has ever been named as a defendant in any form of personal injury action. On
Dec. 31, 2000, the plaintiffs, Ashok and Vishali Pandya had dinner with a group of friends. They both had alcoholic beverages at dinner. Following dinner, Ashok and Vishali Pandya left with their friends on a limousine ride through San Diego during which alcohol was again consumed. The group eventually arrived at the Onyx Room, where they had reserved a table in order to enjoy the New YearÆs Eve festivities. During the New YearÆs Eve celebration both Ashok and Vishali Pandya consumed additional alcoholic beverages. The amount of alcohol consumed by either plaintiff was disputed, although plaintiffÆs witness Shavinder Chima stated to police that Ashok Pandya was intoxicated at the time of the incident. At some point after 1:00 a.m., Onyx Room General Manager Merritte Powell noted that Ashok PandyaÆs head was down on the table and he appeared to be asleep. As this is a serious violation of state and local liquor license regulations, Powell approached the PandyaÆs table and notified them that Ashok Pandya could not continue to sleep at the table or he would have to leave. Some twenty minutes later, Powell returned after noting that Ashok Pandya, again, appeared to be sleeping at the table. Powell, following the defendantÆs specific policies, stated that Ashok Pandya would now have to leave. Ashok Pandya refused and instead, he began arguing with the employee. Eventually additional security employees attempted to
walk Ashok Pandya out of the business. He refused to comply and a struggle ensued in which Ashok Pandya and at least two of the defendantÆs employees ended up on the ground. Vishali Pandya then attempted to intervene and is believed to have also fallen down at some point during this struggle. Ashok Pandya was eventually restrained and walked up the fire escape stairs where he was released and immediately attempted to charge the remaining Onyx employee. Ashok Pandya was restrained by a friend or friends of his, and left across the street to wait for the groupÆs transportation.
Settlement Discussions
The plaintiffs demanded $9,500 in January 2003 and $56,000 at trial. The defendant offered $500 in January 2003 and made no offer at trial.
Specials in Evidence
$4,000 (Ashok Pandya); $750 (Vishali Pandya) in excess of $25,000 (Ashok Pandya) estimated at $50,000 (Ashok Pandya); $10,000 (Vishali Pandya)
Injuries
Plaintiff Ashok Pandya suffered a thumb injury and claimed emotional injuries. Plaintiff Vishali Pandya claimed emotional injuries.
Other Information
The bench decision was reached approximately one year and three months after the case was filed.
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