|Bremer Whyte Brown & O’Meara, LLP was retained to defend a Las Vegas gentleman’s club in regard to an alleged assault and battery that took place between staff and a patron. Plaintiff claimed he was held down by three of the club’s security guards while another guard punched him in the face multiple times. To make matters more complex, by the time the case made it to BWB&O, a default had already been entered against the club, and a motion to set that default aside had already been denied by the Judge. Plaintiff claimed over $400,000 in damages in his default application, including medical costs, pain and suffering, and punitive damages against the club.
Partner Anthony Garasi and Associate Elizabeth Deane engaged in an evidentiary/prove-up hearing over the course of two days – strictly via video conference means. Even though liability had already been established against the club due to the default being entered, Anthony and Elizabeth were able to attack the foundation of every single category of damages asserted by Plaintiff. Furthermore, they were able to get in touch with, subpoena, and obtain video-based testimony from the client’s current general manager as well as three of the client’s former employees. The defense established that, in reality, Plaintiff had become intoxicated and started the altercation with the club’s staff by punching one of the security guards in the face after being asked to leave the club, and ultimately being escorted out.
Mid-way through the hearing, Plaintiff had requested $85K to settle the case. However, even though Default had already been entered against our client, the judge ruled Plaintiff failed to prove damages by a preponderance of the evidence, finding directly in line with BWB&O’s defense that Plaintiff could not establish any of his injuries were caused by the actions of any of the club’s employees.
A huge congratulations to our Las Vegas team!