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Personal Injury
Premises Liability
Battery

Justin Solid v. Jerseys Tavern Inc., Samuel Anthony DoPorto

Published: Nov. 11, 2003 | Result Date: Aug. 6, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV787233 Verdict –  $67,000

Judge

Jamie A. Jacobs-May

Court

Santa Clara Superior


Attorneys

Plaintiff

William C. Dresser
(Law Office of William C. Dresser)


Defendant

Richard R. Pedersen

Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)


Experts

Plaintiff

Steven Marcus
(medical)

Simran Singh
(medical)

Defendant

David Paul
(technical)

Facts

The plaintiff, Justin Solid, a 22-year-old hardware store clerk, was a customer at the defendant bar. During a live event, he claimed that he was assaulted inside the defendant bar's premises by the co-defendant Samuel Anthony DoPorto. The plaintiff claimed that the defendant was ejected from the building, but was allowed to return later whereupon he was ejected a second time. He then drove behind the building, waited for the plaintiff and then beat him and knocked him to the ground at about 1:45 a.m. as the bar was closing.

Settlement Discussions

The plaintiff demanded $45,000 from the defendant bar. The defendant bar offered $2,500.

Specials in Evidence

$6,077 $3,000

Injuries

The plaintiff suffered a broken nose, a possible orbital fracture and was diagnosed and treated for post-traumatic stress disorder.

Result

The jury found DoPorto 100 percent liable and returned a verdict of $19,077 in compensatory damages and $50,000 in punitive damages. The jury found the defendant bar negligent for failure to obtain a city permit for live entertainment but held there was no causation between this negligence and the plaintiff's injuries.

Deliberation

six hours

Length

seven days


#83765

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