Facts

According to the defendant, J.J. O'Malley's bar, plaintiff Cruzito H. Cruz lit a marijuana pipe in the back patio of the bar. Plaintiff asserted that he lit a tobacco pipe. Defendant's bouncer tried to stop plaintiff and a fight ensued. The bouncer used a martial arts leg-hold and chokehold on plaintiff for 15 minutes.

CONTENTIONS:
Plaintiff sued defendant. He alleged that the bouncer assaulted him and that the defendant was negligent in hiring the bouncer. Plaintiff claimed the bouncer had previously acted negligently under similar circumstances. He also made a premises liability claim due to the dangerous condition defendant created by hiring and training its bouncers. Plaintiff further claimed he was falsely imprisoned.

Settlement Discussions

According to defendant, plaintiff demanded $333,000 (CCP Section 998) and defendant's offer was $7,500.

Injuries

Plaintiff's injuries included a lost tooth, a burst blood vessel in the eye and lost consciousness.

Result

The jury returned a defense verdict. Plaintiff claimed the jury instructions resulted in de facto directed verdicts for defendant on the premises liability and negligence claims. Plaintiff will file motions challenging the jury instructions, evidentiary rulings and procedures. The verdict may able be appealed.

Deliberation

one day

Poll

For the defense - 9-3 (on assault); 10-2 (on negligence); 9-3 (that bouncer had the right to detain; for the plaintiff - 12-0 (on false imprisonment)

Length

four days