Facts

Plaintiffs Yury Gampel and Irina Gampel filed this action against defendant Crystall Corporation dba Crystall Restaurant arising from a battery that occurred at defendant's restaurant. The Gampels had arranged to celebrate Irina Gampel's grandmother's 70th birthday at the Russian-themed banquet restaurant. The party consisted of approximately 20, mostly elderly, friends of Irina Gampel's grandmother and plaintiffs.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that at the end of the evening, Crystall attempted to overcharge the Gampels by approximately $600. When the Gampels refused to pay the overcharge, a restaurant bouncer wrestled Yuri Gampel to the ground and choked him unconscious.

Before losing consciousness, Yuri Gampel attempted to remove the bouncer's arm from around his neck so that he could breath. In doing so, Yuri Gampel tore his left bicep tendon. This battery, choking, and Yuri Gampel's loss of consciousness occurred as Irina Gampel watched, pleading for the bouncer to release her husband.

The plaintiffs filed a complaint against Crystall Corporation seeking compensatory and punitive damages for battery, assault, false imprisonment, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, negligent hiring and supervision, and breach of contract.

DEFENDANT'S CONTENTIONS:
The defendant denied liability and argued that it had not overcharged plaintiffs, that plaintiff Yury Gampel initiated the altercation; that their employees used reasonable force in trying to restrain him; and that no choking occurred. Defendant claimed that Mr. Gampel was upset because his wife had ordered a more expensive banquet than he wanted. When Mr. Gampel pulled the charge slip from the hostess' hand and became violent, a restaurant doorman had to restrain him.

Plaintiffs' MD/DC clinic was a fraud on the state of California. The court agreed with this contention and excluded all evidence of lost profits from the illegal business.

Settlement Discussions

At mediation, plaintiffs offered to settle all claims for $500,000. The defendant rejected this offer and stated its highest offer would be in the low $200,000. According to defense counsel, plaintiffs filed a C.C.P. 998 offer to compromise in the sum of $1,500,000 and would not go lower.

Damages

Plaintiffs sought an award of over $6 million and demanded $2 million during jury deliberations.

Injuries

Yury Gampel suffered a torn bicep tendon.

Result

The jury awarded plaintiff Yury Gampel a total of $373,611 in compensatory damages for assault, battery, and negligent training and supervision. These damages include $6,111 in past economic loss, $317,500 in future economic loss, and $50,000 in past non-economic loss. The court reduced damages for past economic loss to $2,010 to reflect the amount of medical bills actually paid by plaintiff Yury Gampel. The jury also awarded $100,000 in punitive damages to plaintiff Yury Gampel. The jury awarded plaintiff Irina Gampel $2,500 in past non-economic damages for negligent infliction of emotional distress and for negligent training and supervision. The jury apportioned 75 percent of responsibility for Irina Gampel's damages to the defendant and 25 percent to plaintiff Yury Gampel. The court thus reduced the damages award to Irina Gampel by 25 percent, awarding her a total of $1,875. The jury also awarded $100,000 in punitive damages to plaintiff Irina Gampel. The court entered a judgment of $469,510 in favor of Yury Gampel, $101,875 in favor of Irina Gampel, and for costs totaling $58,631.

Other Information

The trial court denied defendant's motions for new trial and for judgment not withstanding the verdict. The defendant has appealed, and plaintiffs have filed a protective cross appeal. EXPERT TESTIMONY: Mark Greenspan, M.D., orthopedic surgeon testified regarding Yury Gampel's torn bicep, the degree of impairment, cost of surgical repair, potential for re-injury, subsequent surgical repair, physical therapy, and the pain and disability resulting from Yury Gampel's injuries. Venita McMorris, is an economist who provides damages analyses for medical malpractice, personal injury, wrongful death, wrongful termination and other litigation. She testified regarding Yury Gampel's past and future loss of earnings and provided an economic damages analysis on behalf of Yury Gampel's chiropractic practice. Gary Jacobs, D.C., L.Ac., M.P.H., C.H.E.S., testified regarding proper chiropractic form and technique and regarding the physical requirements related to performing adjustments. He also testified regarding chiropractic office billing arrangements, expenses and profitability. John H. Christman, CCP, is a security expert, board-certified by the American Society for Industrial Security as a Certified Protection Professional. He testified regarding appropriate security personnel practices including hiring, supervision and control. Brad S. Elkins, M.D., testified regarding choking as the proximate cause of burst capillaries in Yury Gampel's eyes. David Auerbach, M.D., testified regarding the degree of Yury Gampel's impairment, the cost of surgical repair, the potential for re-injury, physical therapy and the degree of pain caused by the bicep tear. Michael H. Millar, D.C., testified regarding causation damages, including the physical requirements of chiropractic practice, Yury Gampel's disability and past and future medical care. Dr. Millar was also prepared to testify that plaintiffs' MD/DC business was fraudulent, but the court's ruling in limine resolved this issue. Robert M. Wilson, M.D., testified regarding causation damages, including Yury Gampel's disability and past and future medical care. David L. Hahn, CPA, testified concerning issues of causation damages, including plaintiff's claim of future loss of earnings and economic damages related to his chiropractic practice and business loss. FILING DATE: Feb. 23, 2007.

Deliberation

1.5 days

Length

11 days