Chasen Manley v. Rainer Inc.
Published: May 25, 2004 | Result Date: Oct. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC073775 Verdict – $3,600,000
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Maro Burunsuzyan
(Law Offices of Maro Burunsuzyan)
Defendant
Facts
According To the Plaintiff: On April 16, 2002, the plaintiff Chasen Manley, 25, while a patron at Johny Foxx's Sports Bar and Restaurant, was attacked and beaten by two other patrons, Aaron Cooper and his brother, Bo. The plaintiff and another witness testified in trial about Bo and Aaron's belligerent and aggressive behavior at least two hours before the assault. Their conduct included slam dancing with each other, slapping the backs of the patrons and kicking objects. Several employees of the bar, who testified, denied any belligerent and aggressive conduct by Aaron and Bo. The assault began at approximately 12:30 a.m. when the plaintiff use the restroom. It was necessary that he pass the area where Bo and Aaron were present. After using the restroom, the plaintiff again walk past the area where Bo and Aaron were present. As he was doing so, the plaintiff testified that as he was cutting behind them, he felt a blow to the back of his head as well as the upper portion of his back and neck area. The initial blow caused the plaintiff to stumble to the floor, where he lay conscious on his back. The plaintiff then recalls that both Bo and Aaron began to kick him as he lay on the floor. The plaintiff lost consciousness shortly thereafter. As a result of attack and beating, the plaintiff suffered significant injuries.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1 million policy limits in June 2002. In response, the defendants made a C.C.P. Section 998 offer of $17,500. During trial, the defendants offered $300,000 and a willingness to go to $500,000. Two hours before the verdict, the defendant offered $1 million. The plaintiff rejected the offer.
Injuries
Brief loss of consciousness, intracerebral hematoma above the left anterior clinoid, cognitive deficit, longitudinal fractures of the right temporal bone, some loss of hearing in the right ear, loss of one tooth and fracture of four teeth and right temporomandibular joint injury.
Other Information
The defendant's motion for a new trial was denied. The defendant has filed an appeal.
Deliberation
two days
Poll
12-0 (liability), 12-0 (causation), 11-1 (economic), 12-0 (non-economic)
Length
eight days
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