Weidenfeller

Plaintiff Allen V. Weidenfeller, the victim of an unprovoked armed assault in the parking lot of the Star and Garter bar in East San Diego, sued Star and Garter and the owners of the bar, Floyd Andeel and Triple A Corporation, alleging defendants’ failure to provide adequate lighting and a security presence were substantial factors in causing his injuries. The jury agreed with Weidenfeller finding Star and Garter’s negligence in managing its premises proximately caused Weidenfeller’s injuries. The jury also found Weidenfeller suffered economic damages of $122,500 and noneconomic damages of $250,000 attributing 75 percent fault to the assailant Vernon De Charles Broughton, 20 percent to Star and Garter, and 5 percent to Weidenfeller. Pursuant to California Civil Code section 1431.2 the court used these percentages to reduce the noneconomic damage award to $50,000 (20 percent of $250,000) and the economic damage award to $116,375 (95 percent of $122,500). Judgment was entered for $166,375 plus interest and costs.

Star and Garter appeals asserting it owed no duty to Weidenfeller, there was insufficient evidence to establish the requisite breach of duty or causation and the…