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

Confidential

Published: May 8, 2001 | Result Date: Mar. 27, 2001 |

Case number: DUM0002172 Arbitration –  $0

Judge

James J. Alfano

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Stephen B. Crum


Defendant

Peter A. Mittenthal


Facts

On April 2, 1998, the plaintiffs were standing at the bar in defendantÆs nightclub. At about 1:45 a.m., because the
club was ceasing the sale of alcohol and closing, defendantÆs security hosts asked the plaintiffs for their drinks.
The plaintiffs allegedly became rude, aggressive, resistant and used profanity to security who then called for
backup on the electronic devices each was equipped with.
When the second uniformed security host arrived, he repeatedly asked plaintiff A to put his drink on the bar
and when plaintiff A repeatedly refused and began arguing with security, he was asked to leave. Plaintiff A
allegedly created a volatile situation which he escalated until the plaintiff A finally suddenly raised his hands
up causing security to believe they were about to be violently struck.
According to the plaintiff, he was showing no resistance. Security, which were professionally trained black
belts in martial arts, immediately placed plaintiff A in a restraint-control hold. According to the plaintiff, he
was also struck with a closed fist. Suddenly, plaintiff B jumped on the back of the security host causing the
other security host to place plaintiff B in a restraint-control hold. Both plaintiffs and the security hosts fell to
the floor in front of about 50 customers and employees.

Settlement Discussions

The plaintiffs demanded $50,000 total. According to the defendant, the defendant made no offer. According to the plaintiff, the defendant offered $2,000 for each plaintiff.

Specials in Evidence

$2,800 and $8,400

Length

one day


#126968

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