Patron attacked by pizzeria employees: Negligent ejectment, hiring, supervision: Facial fractures: Settlement

Law Reporter, Oct 2002

Johnson v. Squiggy's Pizzeria, Inc., Fla., Broward County Cir. Ct., No. 00-016944(04), June 19, 2002.

Johnson, 30, went to a pizzeria. He complained that a slice of pizza he had been served was cold. A store employee allegedly threw Johnson's pizza in the trash, refused to give him his money back, and threatened him. Johnson threw his soda in the employee's face, and the employee punched Johnson in the face, knocking him unconscious. The employee and two coworkers then allegedly kicked Johnson several times in the head and chest while he was on the floor.

Johnson suffered several facial fractures. He required two permanent plates placed around the bones near his right eye, held in place by eight screws that can be felt through his skin. He has frequent headaches, posttraumatic stress disorder, and cold sensitivity. His medical expenses were about $23,000. He has continued to work for his father's business as a sandblaster and painter, but can no longer perform a full day's work without becoming fatigued. He will be unable to take over the business upon his father's retirement as he had hoped. His future lost income is estimated at more than $200,000.

Johnson and his wife sued the pizzeria and the three employees, alleging battery, negligent ejectment, and negligent hiring and supervision. To support the latter claim, plaintiffs noted that the employer knew one of the employees was on probation for domestic violence and had been discharged from a job for antisocial conduct. Johnson's wife claimed loss of consortium.

Defendants admitted that Johnson was punched but denied that he was kicked while on the floor. They claimed he was contributorily negligent in that he began the altercation by throwing his soda in an employee's face.

The parties settled at mediation for about $601,900. Plaintiffs' experts included Michael P. Logue, oral and maxillofacial surgery, Pompano Beach, Fla.; Timothy J. Worden, clinical psychology, Winter Haven, Fla.; Steven M. Collard, vocational economics, Valrico, Fla.; Joyce E. Newcomb, psychology, Fort Lauderdale, Fla.; and David A. Robbins, neurology, Hollywood, Fla.

Defendants' experts were Gary J. Wayne, oral and maxillofacial surgery, Boca Raton, Fla., and Donald L. Rose, neuropsychology, Fort Lauderdale, Fla.

Plaintiffs' Counsel

*Peter M. Commette, Fort Lauderdale, Fla.