John Rossi, Neal Gumpel v. Drais Restaurant, Jacob Orgad
Published: Oct. 18, 2001 | Result Date: Mar. 28, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC204835 Verdict – $3,100,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On April 6, 1998, the plaintiffs, John Rossi and Neal Gumpel, were eating dinner at the defendant restaurant,
Drais Restaurant, in the lounge area when an intoxicated woman knocked over drinks on plaintiffsÆ table.
Rossi asked the woman to be careful. Shortly after that incident, a group of men, including defendant, Jacob
Orgad, approached Rossi and began punching and beating him. When Gumpel tried to intervene, he was also
beaten. The beating lasted approximately three minutes, rendering Rossi unconscious. No restaurant employees
or independent security employees came to plaintiffsÆ aid.
The plaintiffs brought this action based on negligence, assault and battery, negligent
employment, negligent supervision and retention, assault, battery, intentional infliction of
emotional distress and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
Rossi initially demanded $150,000 from Drais. Gumpel initially demanded $75,000 from Drais. Drais initially offered $25,000 to Rossi and $15,000 to Gumpel.
Damages
Rossi incurred approximately $7,000 in medical expenses and $15,000 in lost wages. Gumpel incurred approximately $4,500 in medical expenses and $10,000 in damages.
Injuries
Rossi suffered a head trauma injury resulting in a concussion and ringing in the ears as well as lumbar spine damage, cuts and bruises. Gumpel suffered a broken arm, lumbar spine damage and cuts and bruises.
Other Information
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