Facts

On June 28, 2020, plaintiff Marlo Hempstead was shot. Hempstead alleged he was shot in the back on Game Sports Bar and Grill premises while having an argument with an unidentified security guard employed by the Bar.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged assault and battery against the Bar and the security guard for serious injuries.

DEFENDANT'S CONTENTIONS: Defendant contends an unknown suspect shot plaintiff at a nearby Burger King. Plaintiff was uncooperative with police and never identified the assailant. There is a video showing plaintiff driving away from the bar.

Insurer

Admiral Insurance

Settlement Discussions

Defendant filed a CCP 998 offer to compromise in exchange for a waiver of costs.

Specials in Evidence

Meds: $7,500

Damages

Plaintiff was a personal trainer and has been unable to work since the incident.

Injuries

Lower back pain, multiple shrapnel fragments at L4 and L5 levels, radiating pain into right leg and calf.

Result

Summary judgment granted for defendant Game Sports Bar and Grill.

Other Information

Memorandum of Costs filed $5,000 Previous plaintiff's counsel filed a motion to withdraw which was granted. Plaintiff was then in pro per.