Ross Milton Porterfield v. House of Blues
Published: Dec. 19, 1998 | Result Date: Sep. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC126565 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On April 28, 1994, plaintiff, Ross Milton Porterfield, while at the House of Blues located in West Hollywood, California, was allegedly thrown over a 20-foot retaining wall by security guards. Defendant, House of Blues, did not dispute that plaintiff went over a retaining wall, but claimed that plaintiff had just been involved in a physical altercation and was approached by door hosts and asked to leave the property. Defendants alleged plaintiff pulled a knife on the door hosts, ran approximately 20 feet, and voluntarily jumped over the retaining wall, which he did not know was 20 feet high on the far side. The plaintiff brought this action against the defendant based on assault, battery and negligence theories of recovery.
Settlement Discussions
The plaintiff demanded $200,000 at the mandatory settlement conference a year and one-half prior to trial. The defendant made a C.C.P. º998 offer of compromise of $15,000 following the mandatory settlement conference. Following the mistrial, plaintiff's demand was $1.5 million in punitive damages and $750,000 for special and general damages. Defendant House of Blues offered a dismissal for a waiver of costs.
Specials in Evidence
$4,000 none uncertain $10,000
Injuries
The plaintiff fractured four bones in his arm and hands. He also claimed TMJ dysfunction. The plaintiff also claimed that he lost 47 percent of his major right hand function and 25 percent of his jaw function.
Other Information
This case was initially set for trial on Aug. 4, 1998. After three days of trial, defendant requested a mistrial for alleged misconduct by plaintiff's counsel, which was granted. The trial was later re-set for Sept. 2, 1998. The court granted a directed verdict for defendant on premises liability and punitive damages.
Deliberation
three hours
Length
seven days
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