Nightclub and Bouncers Ordered To Pay $3,084,200 Following Assault on Patron
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, highlighting a $3 million jury verdict following a nightclub assault.
In today’s case (Maras v. Seemore Entertainment Ltd.) the Plaintiff was assaulted outside of a nightclub in Vancouver, BC and sustained a traumatic brain injury. Both the owner of the club and 3 bouncers were found liable and ordered to pay the damages. Prior to trial the Plaintiff offered to settle for $1.425 million an offer which was countered with $20,000 by the Defendants. The Court ordered that the Defendant pay increased costs for failing to accept the Plaintiff’s reasonable pre-trial offer. In highlighting the jury’s decision the Court provided the following reasons:
[1] This action arose from an assault upon the plaintiff that occurred on April 4, 2009 outside the Au Bar nightclub, located on Seymour Street in Vancouver.
[2] The plaintiff sustained serious injuries including a complicated mild traumatic brain injury combined with orthopedic and psychiatric injuries.
[3] The plaintiff was 20 years old at the time of the assault and 25 years old when the action proceeded to trial before a jury for nine weeks commencing April 7, 2014.
[4] Both liability and the quantum of damages were in issue at trial and vigorously contested by the parties.
[5] On June 9, 2014, the jury delivered its verdict. Liability was found against the corporate defendant owner of the nightclub and three of the security personnel or “bouncers”. The action against one of the security staff defendants, Mr. Yip, and the nightclub’s manager, Mr. Childs, was dismissed. The plaintiff was found not to be contributorily negligent.
[6] The jury assessed damages as follows:
| General damages | $ 250,000 |
| Loss of income and loss of earning capacity to trial | $ 175,000 |
| Future loss of earning capacity | $1,832,000 |
| Cost of future care | $ 800,000 |
| Special damages | $ 27,200 |
| Total | $3,084,200 |