$3.5 Million Settlement for Traumatic Brain Injury Caused by Excessive Force by Bar’s Security Guards

Jonathan Miron and Edyerch Ramirez, both 26 at the time, went with friends to the Arts District Brewing Co. in Los Angeles. After leaving the bar, Ramirez asked to re-enter to use the bathroom. The bar personnel refused his request.

Ramirez then walked across the street and stood behind a car, intending to urinate. Two of the bars’ security guards ran toward him, and the parties began having a heated discussion. Jonathan 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 security guards punched Miron in the face, causing him to fall to the ground, hit his head on the concrete and lose consciousness. The security 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. In their suit, they alleged negligence, negligent hiring and supervision and negligence per se.

The lawsuit alleged that the security guards used force well beyond what custom and practice indicated and had not acted reasonably. The plaintiffs also claimed that the security guards lacked training as to the appropriate use of force. The lawsuit did not claim past lost medical expenses or income.

The defendants 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.

In any event, before trial, the parties settled for $3.5 million, which included $3.4 million to Miron and $100,000 to Ramirez.

The attorneys successfully handling this case for the plaintiffs were Douglas A. Rochen and Boris Treyzon.

At trial, the plaintiffs’ attorneys presented an expert in security.

Miron v. Arts District Brewing Co., No. BC 649384 (Cal. Super. Ct. Los Angeles County).

Kreisman Law Offices has been handling premises liability lawsuits, traumatic brain injury cases, inadequate security lawsuits and catastrophic injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Barrington Hills, Hoffman Estates, Libertyville, Wheeling, Vernon Hills, Round Lake, Lake Villa, North Chicago, Highwood, Lincolnshire, Morton Grove, Evanston, Wilmette, Glenview, Norridge, Oak Park, Cicero, Aurora, St. Charles, Oak Lawn, Chicago (South Side, East Side, Hyde Park, Wrigleyville, Little Village, Gage Park, North Lawndale, Logan Square, Lincoln Park, Uptown, Bucktown, Ravenswood, Edgewater, Andersonville, West Ridge, Sauganash, Wildwood, Jefferson Park, Edison Park, Portage Park, Galewood, West Garfield Park, Pullman Square, Bridgeport, West Lawn), Stickney, Lyons, Lansing, LaGrange Park, Brookfield and Oakbrook Terrace, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.