Gray•Duffy, LLP Secures Court’s dismissal in Assault and Battery Lawsuit Filed Against A Night Club

August 2015

Overview

The plaintiff was injured when he was pepper sprayed by a night club’s security guard after he was ejected from the bar, and attempted to force his way back in. Michael Eisenbaum of Gray Duffy’s Encino office convinced the court to dismiss the plaintiff’s case.

Discussion

Wilfredo Medina Ortega v. Karina’s Bar The plaintiff went to Karina’s Bar one night with two other friends. During the course of the evening, the plaintiff and his friends were suspected of doing drugs, became unruly and were escorted off of the premises. While outside, the plaintiff and one of his friends attempted to force their way back into the club, and were warned by the security guard several times to leave. The Plaintiff continued to approach the security guard and the guard discharged his pepper spray into the face of the plaintiff. The Plaintiff’s friends then drove off and left the plaintiff in front of the club. The security guard called the police, who came and arrested the plaintiff. However, the plaintiff rubbed his eyes so forcefully that he popped his eye out of its socket. He was taken to the hospital by paramedics. Due to his injuries, plaintiff was left blind in one eye. The plaintiff filed suit against Karina’s Bar for assault and battery. Hospital records revealed that the plaintiff had a blood alcohol level of .25, and also tested positive for cocaine, amphetamines and opiates. On behalf of Karina’s Bar, we established that the security guard in question was properly licensed and trained, and also had certification for pepper spray. The plaintiff’s counsel ultimately withdrew the case after his client refused to accept a nominal settlement offer. Shortly thereafter, we convinced the court to dismiss the entire case due to the plaintiff’s failure to comply with various court orders.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.