Newport Beach
Newport Beach
Los Angeles
Las Vegas
San Diego
Walnut Creek
Phoenix
Reno
Denver
North San Diego
Dallas
(949)221-1000 (949)221-1001 20320 S.W. Birch Street Second Floor, Newport Beach CA 92660
(818)712-9800 (818)712-9900 21215 Burbank Blvd. Suite 500, Woodland Hills CA 91367
(702)258-6665 (702)258-6662 1160 N Town Center Dr Suite 250, Las Vegas NV 89144
(619)236-0048 (619)236-0047 501 West Broadway Suite 1700, San Diego CA 92101
(510)540-4881 (510)540-4889 2033 N. Main St. Suite 600, Walnut Creek, Ca 94596
(602)274-1204 (602)274-1205 8950 South 52nd St Suite 201, Tempe AZ 85284
(775)440-2389 (775) 440-2390 50 West Liberty Suite 1090, Reno NV 89501
(720) 779-2500 (303)256-6205 1999 Broadway, Suite 3250, Denver, Colorado 80202
(760)557-2940 (619)389-2993 760 Garden View Ct. Unit #220 Encinitas, CA 92024
(949) 221-1000 (949) 221-1001 1910 Pacific Avenue, Suite 2000 Dallas, Texas 75201

Partner Anthony Garasi and Associate Elizabeth Dean Successfully Argue a Defense Judgment in Las Vegas

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!