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Personal Injury (Non-Vehicular)
Premises Liability
Altercation with Employee

Mark Scholz v. Denny's Restaurant

Published: Aug. 10, 1996 | Result Date: Jun. 3, 1996 | Filing Date: Jan. 1, 1900 |

Case number: YC020230 –  $0

Judge

Bob T. Hight

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Kenneth C. Yeager
(Law Offices of Drociak & Yeager)


Defendant

Kathryn A. Moran


Experts

Plaintiff

Juan Van Putten
(medical)

Defendant

Jack L. Vandernoot
(medical)

Facts

On April 18, 1994, Mark Scholz, a 25-year-old operations supervisor for the cargo division of an airline, was a customer at defendant Denny's Restaurant when he became involved in an altercation with a waiter employed by the defendant. The altercation occurred just outside the front doors of the defendant restaurant. The plaintiff brought this action against the defendant restaurant based on negligence, premises liability and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff's settlement demands were not disclosed. The defendant made no settlement offers.

Specials in Evidence

$7,610

Injuries

The plaintiff alleged that he sustained a laceration to his face, lumbar strain, and two disc protrusions at L4-5 and L5-S1. The plaintiff also claimed that he needed future surgery as a result of the incident.

Other Information

The verdict was reached approximately one year and seven months after the case was filed. An arbitration was held on Jan. 24, 1996 before Peter Burrows resulting in a defense award. The plaintiff requested a trial de novo.

Deliberation

15 minutes

Poll

12-0

Length

3 days


#119484

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