Nicholas Castro v. Seahorse Bar, Deandre Mackie, Marlon Brown, Andre Mackie, Tom Buckle, Seahorse Saloon
Published: Feb. 28, 2015 | Result Date: Oct. 21, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIV517149 Bench Decision – $69,963
Court
San Mateo Superior
Attorneys
Plaintiff
David L. Hart
(Law Office of David L Hart)
Defendant
Henry Chuang
(Diemer & Wei)
Facts
Nicholas Castro filed a personal injury lawsuit against the Seahorse Bar. Castro later added Deandre Mackie, Andre Mackie, Marlon Brown, Tom Buckle, and the Seahorse Saloon.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was a patron at the Seahorse Saloon and that the saloon and its employee, Buckle, failed to provide adequate security at the bar, allowed patrons to drink excessively, and failed to call the police after certain patrons threatened plaintiff. Plaintiff further alleged that he was attacked and severely injured by the patrons who threatened him. Plaintiff further alleged that Brown participated in the attack and Deandre Mackie instigated the incident.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and contended that Castro left the safety of the bar contrary to the instructions of the staff and confronted the assailants outside, "talking trash" to them, and invited the injuries he received.
Injuries
Plaintiff alleged a head injury, fractures to his tibia and his right hand, and a knee injury.
Result
After a bench trial, the trial court determined that Deandre Mackie was 50 percent at fault and the Seahorse Saloon and Buckle were 50 percent at fault. The court awarded plaintiff $69,963 in damages.
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