Claims of excessive force by bar security guards. Defense verdict. San Diego County.
Intoxicated men get into a fight with security guards.
- Case Name: Phil Nosrat v. Garnet OMG, LLC
- Court and Case Number: San Diego Superior Court, 37-2019-00034682-CU-PO-CTL
- Date of Verdict or Judgment: Wednesday, May 04, 2022
- Date Action was Filed: Friday, July 05, 2019
- Type of Action: Assault and Battery, Intentional Infliction of Emotional Distress, Premises Liability
- Judge or Arbitrator(s): Hon. James Mangione
- Plaintiffs: Grant NeagPhil Nosrat
- Defendants: Garnet OMG LLC
- Type of Result: Jury Verdict
- Gross Verdict or Award: Defense verdict
- Punitive Damages:
Punitive damages were sought.
- Trial or Arbitration Time: 2 weeks
- Jury Deliberation Time: 2 1/2 days
- Attorney for the Plaintiff:
The Law Office of Evan W. Walker by Evan Walker, La Jolla.
- Attorney for the Defendant:
Wilson Elser by Peter Hughes and Kammann Cole, San Diego.
- Plaintiff’s Medical Expert(s):
Monika Gupta, M.D., neurology.
Brook Feerick, life care planning.
Cameron Sadeghi, MD, orthopedics.
Anthony Kimball, DPM, podiatry.
- Defendant's Medical Expert(s):
Dean Delis, M.D., neuropsychology.
Sara Siavoshi, M.D., neurology.
- Plaintiff's Technical Expert(s):
Scott Defoe, security.
- Defendant's Technical Expert(s):
Mark Mooring, security.
Facts and Background
- Facts and Background:
Plaintiffs were kicked out of a Pacific Beach bar for being overly intoxicated on St. Patrick's Day, 2019. A security guard who worked at an adjacent bar, the defendant bar/restaurant, was at the first bar and witnessed plaintiffs being escorted out. He then radioed to other security guards at defendant bar/restaurant next door, letting them know that plaintiffs were heading to defendant's bar/restaurant.
Plaintiff Grant Neag was told he could not enter the establishment given his state of intoxication. Plaintiff Neag refused to leave the area and started getting aggressive. Plaintiff Neag then spit on one of the security guards. The security guards took plaintiff Neag to the ground and effectuated a citizen's arrest. Plaintiff Phil Nosrat intervened in the fray and grabbed one of the security guards. Plaintiff Nosrat was taken to the ground and sustained a broken leg.
- Plaintiff's Contentions:
That the defendant's security guards were untrained, not properly licensed and used excessive force.
That plaintiff Grant Neag was surrounded by five security guards and pushed toward the street and one guard grabbed plaintiff Phil Nosrat from behind and broke his leg. That no guard effected a citizens' arrest and no one was arrested.
The parties stipulated to plaintiffs' intoxication. Defendant did not countersue for battery or otherwise raise it as an affirmative defense.
- Defendant's Contentions:
That defendant's security guards were properly and sufficiently trained and used reasonable force. That plaintiffs were overly intoxicated and committed a battery.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Plaintiff Phil Nosrat sustained a fractured tibia and fibula and several broken metatarsals. Plaintiff Neag claimed he suffered a traumatic brain injury.
- Special Damages Claimed - Past Medical: $0.00
- Special Damages Claimed - Future Medical: $2,700,000
- Special Damages Claimed - Past Lost Earnings: $0.00
- Special Damages Claimed - Future Lost Earnings: $0.00
Demands and Offers
- Plaintiff §998 Demand: $754,000
- Defendant §998 Offer: $150,002