Facts

On March 23, 2009, plaintiff Janice H., then 37, entered Here Lounge, a nightclub in West Hollywood, becoming separated from a friend she'd had drinks with at another club. Plaintiff walked in alone to get a drink of water and use the restroom.

Plaintiff sued the Here Lounge after an incident occurred with one of defendant's employees.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she was sexually battered and raped in the bathroom stall by Victor Cruz, 23, an employee of the Here Lounge. Plaintiff claimed that Here Lounge knew that its patrons engaged in nightly sexual conduct in the restrooms and had a policy to provide security in the bathrooms. Plaintiff claimed that the security guards were inadequately trained, positioned, and failed to do their job.

Plaintiff claimed that Here Lounge knew that its patrons and others engaged in nightly sexual conduct in the restrooms at the back of the club. Plaintiff contended that the Here Lounge had a policy in place to provide at least one security guard in the restroom area at all times. At the time of the incident, there was no security present in the restroom area. Plaintiff argued had security been present in the restroom area, the sexual battery and rape would not have occurred.

DEFENDANT'S CONTENTIONS:
Here Lounge claimed that the encounter was consensual, and that its security was adequate. Here Lounge disputed the nature and extent of plaintiff's damages.

Settlement Discussions

Here Lounge offered $150,000 before trial.

Damages

$70,000 for future therapy

Injuries

Plaintiff claimed severe emotional distress and anxiety.

Result

Plaintiff's verdict for $5,420,000.

Other Information

FILING DATE: March 15, 2011.

Length

three weeks