Facts

Carlos Garay and Sergio Garay sued BT California LLC dba The Penthouse Club & Steakhouse, Jared Welty, John Musso, Joseph Carouba, 408-412 Broadway LLC, and General Media Communications Inc., in connection with an incident that allegedly occurred on April 12, 2015.

PLAINTIFFS' CONTENTIONS: Plaintiffs were in line to enter the establishment, but when they got to the front of the line, they were denied entry by defendant's employees, Welty and Musso. Welty punched Carlos in the face and while Carlos was unconscious and on the ground, Welty stomped on his head. Sergio witnessed the entire event. Plaintiffs claimed they did nothing to provoke the attack. Carlos sustained a serious injury as a result and fell into a coma. Plaintiffs sued, alleging causes of action for negligence, negligent hiring, negligent retention, premises liability, battery, intentional infliction of emotional distress, and negligent infliction of emotional distress.

DEFENDANTS' CONTENTIONS: Defendants General Media and Carouba filed for summary judgment, denying any liability. Defendants denied employing Musso or Welty. Carouba denied any physical altercation with the victim. He also denied hiring or retaining the offending individuals. Carouba further denied owing any duty to Carlos.

Result

The court granted motion for summary judgment as to Carouba and General Media Communications only.

Other Information

The case is proceeding against BT California LLC dba The Penthouse Club, Welty, and Musso.