Bar patron hit by truck in parking lot: Inadequate security: Leg injury: Verdict

Bar patron hit by truck in parking lot: Inadequate security: Leg injury: Verdict. Ojeda v. Bobby McGee's, Cal., Los Angeles County Super. Ct., No. EC 022 092, June 8, 1998.

Ojeda, 27, left a bar after last call was announced. While in the parking lot, he saw one of his friends involved in a fight with another bar patron. Ojeda intervened to try to break up the fight. A crowd formed, preventing cars from leaving the parking lot. When a truck tried to push its way through the crowd, Ojeda became involved in a verbal altercation with its driver. The truck eventually made its way past the crowd, and unknown persons began throwing botties at the truck. The driver stopped, shifted the truck into reverse, and struck Ojeda.

Ojeda suffered a broken left femur. His medical expenses were about $50,000. A cashier earning about $18,000 annually, he missed five months from work.

Ojeda sued the bar owner, alleging inadequate security. Plaintiff asserted that if security measures had been adequate, the roadway would not have been blocked and the truck would not have injured plaintiff

The jury awarded about $145,600.

Plaintiffs expert witness was Dan Sullivan, security, Burbank, Cal.

Plaintiff's Counsel:

*Arnold J. Glassman, Calabasas, Cal.

[ Comment: See Tobias v. Sports Club, Inc., _ S.E.2d -, No. 24830, 1998 WL 518695 (S.C. Aug. 17,1998). There, the South Carolina Supreme Court held an intoxicated bar patron may not sue the bar owner based on alleged violations of the state alcohol control statutes, S.C. CODE ANN. (secs)61-4-580(2) and 61-6-2220. However, the court explicitly retained the right of injured third parties to sue bar owners based on violations of the statutes. For another case alleging inadequate security by bar owners, see Daniels v. McKinney, 40 ATLA L. Rep. 262 (Sept. 1997). *James E. Gigax, Denver, Colo., represented plaintiff in that case.]

[Documents in Daniels are available through the Court Documents section at p. 403, courtesy of Mr. Gigax.]

Copyright Association of Trial Lawyers of America Dec 1998
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