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Piccuta Law Group Attorneys Settles Negligent Security Case Causing Brain Injury for Confidential Six Figure Amount
Last week, Charles Tony Piccuta of the Piccuta Law Group, attended a settlement conference in an Alameda County Superior Court case. The case was filed by the firm in 2015 and involved allegations that the firm’s client sustained a brain injury when he was assaulted while leaving an Oakland bar. Specifically, the negligent security lawsuit claimed that the client was assaulted by employees of the bar as well as security guards working there for a private security company.
The client claimed that he was thrown out of the bar after he got into an argument with a bartender after he was not served a drink he had paid for. The client claimed that once outside, several bouncers and security guards chased him into the street and beat him to the ground. The lawsuit alleged that the client was kicked and struck multiple times in the head causing him to lose consciousness and sustain a brain injury.
Initially, the bar, its bouncer employees and the security guards denied the beating. However, during the lawsuit, video surveillance from outside the bar was discovered. That video surveillance showed that the client was attacked and beaten by security from the bar. Nevertheless, the attorneys hired by the bar and security company claimed that the client did not sustain a brain injury, was simply suffering from debilitating depression and that his debilitating depression was caused by something other than the beating he sustained.
At the time of the assault, the client was a young attorney who was enrolled full time at Berkeley Law School working toward and advanced law degree. He was high functioning and accomplished both professionally and academically. After the assault, the client’s grades deteriorated, he struggled while taking exams and was unable to hold a job. The client attributed his decline and issues to the assault and the brain injury he sustained.
The Negligent Security Lawsuit Filed by our Personal Injury Attorneys
The negligent security lawsuit filed by our personal injury attorneys asserted multiple claims against multiple defendants. The lawsuit advanced claims for: 1) battery; 2) assault; 3) intentional infliction of emotional distress; 4) negligent hiring supervision and retention; and 5) negligence. With respect to the negligent supervision claim, the lawsuit alleged that the employees who beat the client were unfit to perform security services, that the bar knew or should have known those employees were unfit to perform security services and that the negligent hiring, training and supervision of those employees led to the beating that harmed the client.
Through the lawsuit it was learned that the bouncer working for the bar, who was instrumental in beating Plaintiff, had a criminal history. Specifically, that he was previously arrested for domestic violence. It was also learned that one of the security guards was a convicted felon who had served time in prison. Finally, it was learned that another security guard was previously involved in a fight while working security at a different bar where he caused a brain injury and killed a patron. The estate of the patron killed filed a lawsuit for wrongful death and settled before trial.
Our brain injury lawyers can prove a brain injury case by using the testimony of friends, family or co-workers to establish the behavioral changes in an individual.
The lawsuit our firm filed sought damages for the client’s pain, suffering, medical expenses, lost earning potential, emotional disturbance and cognitive disability. The client’s former roommates testified during the case that the client changed after the attack and his behavior was very different. The client’s roommates testified that the client became argumentative and would have emotional outbursts that did not occur before the attack.
On the other hand, the defense had the client examined by a neuropsychologist expert. The neuropsychologist performed neuropsychological testing on the client. The neuropsychologist claimed that the tests revealed that the client did not have a cognitive issue or brain injury, but instead suffered from major depressive disorder attributable to many other events than the attack. The defense also pointed to other facts such as a different incident in which Plaintiff sustained a purported head injury from a different attack. The defense also argued that the brain scans and MRIs that the client underwent did not show any objective trauma or injury to Plaintiff’s brain.
The Traumatic Brain Injury Settlement Obtained by Our Personal Injury Attorneys
After four years of fighting the lawsuit, our firm was able to negotiate a settlement for the client at a court ordered settlement conference. The settlement conference was conducted by Alameda County Superior Court Judge Patrick Zika. The terms of the settlement and amount are confidential. However, the settlement reached was for six figures and provided the firm’s client with a life-changing amount of money.
Contact a Skilled Personal Injury Attorney If You Have a Brain Injury Case
If you, a friend or a family member has sustained a brain injury due to the fault of another, contact the Piccuta Law Group today. Our firm has handled numerous brain injury cases and obtained fantastic results. Even if the potential brain injury is in dispute, considered a mild traumatic brain injury, or not strongly supported by scans and diagnostic tests, our firm can handle the case. Our brain injury lawyers can prove a brain injury case by using the testimony of friends, family or co-workers to establish the behavioral changes in an individual. This is often the most compelling testimony of all.
Do not hesitate to contact our law firm today to discuss your brain injury case with one of our skilled personal injury attorneys. A consultation is free and at no cost to you. If we take your case, we will take it on a contingent basis. This means we only take a part of the settlement or award if we are successful in recovering for you. In other words, it costs you nothing to have us represent you and we take the financial risks associated with advancing the case. One of our personal injury attorneys is available now to take your call.
About the author: The content on this page was written by Monterey personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, Maricopa County Bar Association and Scottsdale Bar Association, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.