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CONFIDENTIAL

Feb. 10, 2000

Personal Injury (Non-Vehicular)
Premises Liability
Assault and Battery

Confidential

Settlement –  $175,000

Court

L.A. Superior


Attorneys

Plaintiff

Andrew C. Bryman
(Bryman & Apelian)


Defendant

Patrick E. Whalen


Facts

On July 18, 1997, the plaintiff went with his two friends to defendant restaurant which was a restaurant bar. Words were exchanged between the plaintiff and one of the patrons. The patron was escorted outside the building and as he exited the premises, he picked up two beer bottles breaking them on the concrete. He placed the tops of the broken bottles in his pocket. The patron later climbed the wall outside the patio area of the restaurant and went to a window attempting to get the attention of some of his friends. He was then escorted, again from the premises by defendant's employees. He then returned to the building and was told by one of the employee bouncers to go home and sleep it off. Approximately + hour later, the plaintiff left the restaurant with his friend. As he walked to his car, parked in the adjacent parking lot, the patron came around from a concealed position and struck him with the broken beer bottles. A fight ensued with various parties. A police officer on patrol called for assistance and eventually placed that patron in the back of his patrol car. This individual was later convicted of a felony - assault with a deadly weapon by means of force likely to produce great bodily injury.

Specials in Evidence

$2,210,05 Assuming plaintiff underwent a procedure to lessen the scarring, the approximate cost would be in the sum of $5,000.

Injuries

The plaintiff sustained facial scarring to his eyebrow, eyelid, cheek, nose, chin, neck and scalp.

Other Information

<M>A mediation held on Oct. 29, 1999, before Anita Rae Shapiro, resulted in no settlement.</M>


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