Facts

Wilson Kong sued London Bridge Resort LLC d/b/a Kokomo Havasu, Summer Winter Action Tours LLC d/b/a SWAT, Austen Specht, and Sean Jenkins, in connection with an alleged altercation with drunk patrons.

PLAINTIFF'S CONTENTIONS:
Plaintiff was leaving a nightclub at around 1 a.m. on March 29, 2010, when defendants Specht, a minor, and Jenkins confronted him. They were then involved in a scuffle in which plaintiff claimed he sustained head injuries. Plaintiffs contended that the defendants had consumed alcohol on the premises, and were allegedly intoxicated when the accident occurred. Plaintiff claimed the attack occurred without provocation and that the premises failed to provide adequate security. Plaintiff claimed that the resort and SWAT allegedly negligently allowed the two defendants Specht and Jenkins to become highly intoxicated and remain at the party.

DEFENDANTS' CONTENTIONS:
Specht claimed he acted in self-defense while Jenkins denied ever making any contact with plaintiff. The resort, meanwhile, denied plaintiff's claims. In contrast, SWAT claimed the resort not only provided the defendants with alcoholic beverage, but also prevented it from hiring additional security that would have averted the alleged incident.

Settlement Discussions

Kong made a CCP 998 demand of $1.25 million to the resort, $100,000 to Specht, and $50,000 to Jenkins. London Bridge made a CCP 998 offer of $600,001.

Damages

Kong requested $64,869 in medical expenses and $110,313 in lost wages. He also requested an unspecified amount in past and future pain and suffering damages.

Injuries

Kong claimed a serious brain injury resulting in him having to be placed in a medically induced coma for three days. He continued to suffer headaches and vertigo as a result of his injuries as well as tinnitus, short-term memory impairment, loss of the sense of smell and other issues. Kong had a reasonably good recovery and was able to graduate from college, and has been employed since his graduation.

Result

The parties reached a settlement. The resort agreed to pay Kong $1.2 million, Specht $100,000, and Jenkins $50,000.

Other Information

SWAT settled for a confidential amount. FILING DATE: March 21, 2012.