Client was physically assaulted by a restaurant manager in Los Angeles, resulting in head trauma and TMJ injuries. After proving liability and treatment necessity, we recovered $125,000 in compensation.
Plaintiff, a 52 year old male, was a customer inside Defendant’s restaurant located in Los Angeles, CA. While in the restaurant, Plaintiff and his wife were involved in a verbal altercation with the Defendant’s employees; during which time, Defendant’s restaurant manager rushed towards Plaintiff and punched Plaintiff’s face with a closed fist.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. Defendants breached the special duty to Plaintiff, when they failed to make safe the hazardous work environment, causing Plaintiff to be physically assaulted by Defendant’s employee. (A classic example of an invitee is a business patron on the premises of a business such as Plaintiff’s presence at Defendant’s restaurant.)
As a result of his physical assault, Plaintiff suffered injuries to his head (with associated concussion), face and TMJ. Plaintiff’s injuries were significant enough to incur $57,000 in medical expenses. Plaintiff required steroid injections to his TMJ and neurological consultations, to where he now has ongoing sporadic TMJ pain, for which will require intermittent TMJ massage therapy and injections.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, it was determined that Defendant’s employee did in fact physically assault Plaintiff. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of the punch to Plaintiff’s face. Messrs. Khakshooy and Agarwal were able to recover $125,000 for Plaintiff.
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