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Premises Liability /
Personal Injury

Case Type: Premises Liability / Personal Injury

Case Name: Confidential:

Court/Date: Van Nuys Superior Court/October 26, 2010

Judge: Hon. James A. Kaddo

Attorneys: Plaintiff, Alaleh Kamran for Doe Plaintiff; Rafael Bernardino for Doe Defendant Dancer; and Ninos Saroukhanioff/Maranga*Morgenstern for Doe Defendant Business Owner

Facts: On November 17, 2005, plaintiff was at a “Gentlemen’s Club” and had requested a dancer to provide him with a “lap dance.” Plaintiff claimed that he sustained injuries to his penis, including, but not limited to a “penile fracture” and a laceration requiring sutures as a result of the Doe Dancer falling on him. Plaintiff claimed negligence and intentional infliction of emotional distress.

Plaintiff’s Contentions: Plaintiff contended that the dancer had been drinking and fell on him during the dance causing his injury(s). Plaintiff claimed that the business owner was liable as the dancer’s employer. Plaintiff further claimed that the business owner failed to provide aid to him after the incident.

Defendants’ Contentions: The business owner claimed that the dancer was neither drunk nor negligent and did not fall on plaintiff.

Jury Trial: Seven days. Jury deliberated for less than one hour.

Settlement Discussions: Plaintiff demanded $126,000 via CCP 998 but requested significantly more during closing arguments. Defendant made a CCP 998 offer of $22,500 which expired prior to the start of trial.

Result: Defense verdict. Defendant’s are seeking costs in excess of $35,000.





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