Trial Magazine

Jonathan Miron and Edyerch Ramirez, both 26, went with friends to the Arts District Brewing Co. After leaving the bar, Ramirez asked to reenter to use the bathroom. His request was denied. He then walked across the street and stood behind a car, intending to urinate. Two of the bar’s security guards ran toward him, and the parties began having a heated discussion. Miron, seeing what was happening, walked over to Ramirez. The two security guards went back inside the bar and returned with another two or three security guards.

One of the guards punched Miron in the face, causing him to fall to the ground, hit his head on the concrete, and lose consciousness. The guards also punched and kicked Ramirez in the head, breaking his jaw. Miron has been diagnosed as having a traumatic brain injury that has affected him so significantly that he requires 24-hour care. Among other problems, he now lacks impulse control.

Miron and Ramirez sued Arts District Brewing Co.; two of the security guards; and Armistice Protective & Investigative Services, Inc., which employed the guards, alleging negligence, negligent hiring and supervision, and negligence per se. Suit alleged that the security guards used force beyond what custom and practice indicated and had not acted reasonably. The plaintiffs also claimed that the guards lacked training on the appropriate use of force. Suit did not claim past lost medical expenses or income.

The defense argued that Ramirez had instigated the incident and that the security guards were not acting in the course and scope of their employment because the altercation had taken place after the bar had closed.

The parties settled for $3.5 million, including $3.4 million to Miron and $100,000 to Ramirez.

Citation: Miron v. Arts Dist. Brewing Co., No. BC649384 (Cal. Super. Ct. Los Angeles Cnty. July 12, 2019).

Plaintiff counsel: AAJ members Douglas A. Rochen and Boris Treyzon, both of Los Angeles.

Plaintiff expert: Bruce Ramm, security, Orange, Calif.