Facts

At approximately 12:00 a.m. on July 20, 2019, plaintiff Kevin Perlin was returning home to the Long Beach Shoreline Marina where he lived aboard his boat, when he encountered Roberto Mota, a security guard employed by C.S.I. Patrol Services Inc., who had been hired by defendant USA Triathlon of Colorado to provide security for the upcoming triathlon event that USA Triathlon was hosting which was to begin later that morning. Following a verbal confrontation, a physical altercation ensued, and Plaintiff sustained a severely broken leg and other injuries.

Officers from the Long Beach Police Department arrived thereafter and interviewed the parties. Based on the evidence and statements of the parties, the investigating officers issued citations to both plaintiff and Roberto Mota for battery.

Plaintiff was then transferred via ambulance to St. Mary Medical Center in Long Beach where he was diagnosed with left ear hematoma, hyperglycemia, scalp hematoma, and left tibial plateau fracture.

PLAINTIFF'S CONTENTIONS: When he arrived at the marina shortly after midnight on July 20, 2019, Plaintiff, a Type 1 diabetic, was in need of insulin, which he kept on his boat due to the need for it to be kept refrigerated. Although there were parking restrictions relating to the triathlon event which prohibited boat owners from entering or exiting the boat owners parking lot, those restrictions were not scheduled to go into effect until 4:00 a.m., some 4 hours after plaintiff arrived at the Marina. As such, plaintiff was permitted to enter and leave the parking lot at that time. Accordingly, plaintiff intended to park his vehicle in the boat owner parking lot for a brief period of time to obtain his insulin, then return to his vehicle and move it to a parking lot across the street where he would leave it overnight. When plaintiff attempted to access the boat owner parking lot, however, a CSI security guard, Roberto Mota, approximately 6 feet tall and 310 pounds, was seated in a chair in front of the entrance gate. Plaintiff rolled down his window and Mota told him he could not park in the lot. Plaintiff explained that he was a boat owner and was allowed to park in the lot, but Mota refused to grant him access. Plaintiff advised Mota that the lot closure did not go into effect until 4:00 a.m., but Mota again told him that he could not enter the lot. Plaintiff then began to explain that he was a boat owner, lived aboard his boat in the Marina, and was a Type 1 diabetic who was in immediate need of insulin. Mota said that was not his problem and that plaintiff could not enter the lot. Mota then began to walk away. Thinking perhaps Mota did not believe he truly was a boat owner, plaintiff exited his vehicle and began to walk over to Mota in order to show him his parking placard and keys to prove he was entitled to park in the lot. This enraged Mota. After a brief verbal exchange, Mota headbutted Plaintiff and began punching him. Plaintiff fell backwards to the ground and covered up in the fetal position. Mota proceeded to kick Plaintiff repeatedly and stomped on Plaintiff's leg, severely fracturing it in multiple places.

Following the assault, Mota called Martin Campos, his CSI supervisor, who was on-site and arrived shortly thereafter. Ignoring Plaintiff's pleas for insulin, Campos placed Plaintiff in handcuffs and advised him he was being detained.

Plaintiff alleged that Mota was liable for assault, battery and that his actions were negligent. Further, CSI and Dennis Cook, CSI's president and CEO, were liable for Mota's tortious actions, including the wrongful use of force.

Plaintiff also contended that defendant USA Triathlon was liable for the negligent hiring, supervision, and retention of both CSI and Roberto Mota.

DEFENDANT'S CONTENTIONS: Defendants CSI/Cook/Mota alleged that they never restricted Plaintiff from entering or exiting the boat owner parking lot; rather, when plaintiff arrived back to the Marina, he was drunk and aggressive. Plaintiff walked up to Mota, bumped his forehead into Mota's forehead, then took a swing at Mota, which Mota was able to dodge. Plaintiff then placed Mota in a chokehold, and as Mota tried to get plaintiff to release him, they both fell to the ground and Mota landed on top of plaintiff, which resulted in plaintiff sustaining a broken leg.

Defendant USA Triathlon contended that it had no liability, as it had no duty to select, train, or supervise employees of CSI, a third-party security company, nor did USA Triathlon ever instruct CSI/Mota to restrict access to the parking lot. Further, there was no evidence that USA Triathlon was negligent in selecting, training, retaining, supervising, or otherwise controlling CSI or any of its employees, as CSI was a local security company in good standing with the state of California (A+ rated), and the City of Long Beach independently approved CSI as an appropriate vendor; CSI security guard, Roberto Mota, had no criminal record and nothing in his background created a particular risk to third persons and thus, there was no reason USAT could have known or would have had reason to have known Mota was unfit or presented an undue risk to others; there was no evidence of ratification of Mota's conduct by USA Triathlon, as nobody from USA Triathlon was even informed of the incident until 6 days after it occurred, and USAT has not worked with CSI after learning of the incident.

Defendants claimed that the incident could have been avoided entirely had plaintiff simply exercised more control over his diabetic condition or agreed to park his vehicle 10 feet away in the public parking lot which would have allowed him to access his boat and obtain the insulin without incident.

Further, defendants disputed the nature and extent of plaintiff's alleged injuries and damages.

Injuries

According to plaintiff: Left tibial/fibular fracture, comminuted and displaced, requiring Left Knee Open Reduction and Internal Fixation (ORIF).

Result

Plaintiff made a policy limits demand for $5 million against defendants CSI, Dennis Cook and Roberto Mota shortly before trial, which they accepted. Shortly thereafter, as USA Triathlon's motion for summary judgment was pending, plaintiff settled with USA Triathlon for $200,000.