Facts

Jose Rosales, 29, sued Bally Steak House, also known as Bally's Bar & Grill, for allegedly failing to provide adequate security.

PLAINTIFF'S CONTENTIONS:
Plaintiff, while dining at defendant Bally Steak House, was involved in an altercation with another patron who then stabbed plaintiff and fled the scene. The perpetrator was never found. Plaintiff filed suit against individual defendants including Lauren Lee, claiming they were tenants or operators of the subject restaurant and bar. Plaintiff asserted causes of action for negligence for failing to provide adequate security.

DEFENDANT'S CONTENTIONS:
Defendant denied having knowledge of the alleged incident or any knowledge of past instances of violence in the establishment.

Settlement Discussions

The parties established a $985,000/$600,000 high/low agreement in exchange for waiver of the right to appeal. Defendant also offered to settle for $50,000.

Damages

Rosales claimed $54,000 in past medical expenses. He requested $6.4 million in total damages.

Injuries

Rosales was stabbed in the chest and stomach. He underwent open heart surgery and was hospitalized for a few weeks. Rosales continued to have limitations as a result of the stabbing incident. For example, he was restricted from lifting anything heavy. He was also left with a permanent scar on his stomach.

Result

In the first phase of trial, the jury determined Lee was a tenant and landlord of Bally Steak House, and was doing business under Bally Steak House and TME Rendezvous Lounge. After the first phase, the parties agreed to a high/low agreement. In the second phase, the jury rendered a defense verdict, finding Lee was not negligent. Rosales ultimately recovered $600,000 pursuant to the parties' high/low agreement.

Other Information

FILING DATE: May 31, 2011.