Customer brutally beaten in bar

RESULT: $3,600,000.00
TYPE: Jury Trial

COUNTY: Los Angeles
COURT: Los Angeles Superior Court/Santa Monica
CASE NAME: Manley vs. Rainer, Inc.
CASE NO.: SC073775

PLAINTIFF ATTORNEY(S):
Law Offices of Maro Burunsuzyan, by Maro Burunsuzyan, Esq. Glendale, (818) 507-5188.

DEFENSE ATTORNEY(S):
William S. Loomis, Law Offices of William S. Loomis, Orange

FACTS/CONTENTIONS:
According to plaintiff: A man was brutally beaten by two other patrons at a bar. The plaintiff was Chasen Manley, age 25. The defendant was Rainer, Inc. dba Johnny Foxx's Sports Bar and Restaurant. On April 16, 2002, at approximately 12:30 a.m., plaintiff was a patron at Johnny Foxx's Sports Bar and Restaurant located at 3387 Motor Avenue in Los Angeles. While on the premises, he was viciously attacked and beaten by two other patrons, brothers Aaron Cooper and Bo Cooper. Plaintiff and another witness testified at trial about the belligerent and aggressive behavior of the Cooper brothers at least two hours before the assault. Their conduct included slam dancing with each other, slapping the backs of patrons, and kicking objects. Several employees of the bar denied any belligerent or aggressive conduct by the brothers in their testimony.

The assault began when plaintiff got up from his seat at the bar to use the restroom. In order to use the restroom, it was necessary for plaintiff to walk past the brothers. Plaintiff testified that as he was cutting behind them on his return from the restroom, he felt a blow on the back of the head, as well as to the upper portion of his back and neck. The blow caused plaintiff to fall to the floor on his back. The Cooper brothers then began to kick plaintiff, who lost consciousness shortly thereafter.

CLAIMED INJURIES:
According to plaintiff: Loss of consciousness; intracerebral hematoma above the left anterior clinoid; cognitive deficit; longitudinal fractures of right temporal bone; partial hearing loss in right ear; loss of one tooth and fracture of four teeth; right TMJ injury.

CLAIMED DAMAGES:
According to plaintiff: $76,000 past medical; $60,000 past loss of earnings; $1,100,000 future loss of earnings.

SETTLEMENT DISCUSSIONS:
According to plaintiff: Demand: $1,000,000 policy limits (CCP § 998). Offer: $17,500 (CCP § 998). During trial, defendant offered $300,000, with willingness to go to $500,000. Two hours before the verdict, after the jury asked to see plaintiff's damages board, defendant offered $1,000,000, which plaintiff rejected.

TRIAL EXPERTS:
None

COMMENTS:
According to plaintiff: Defendant's motion for new trial was denied. Defendant has filed an appeal.

The insurance carrier was USF&G.