Janice H. v. 696 North Robertson LLC
Annotate this CaseDefendant, a bar and dance club, challenged a judgment based on the jury’s award of $5.42 million in compensatory damages to plaintiff for failing to use reasonable care to protect her from a sexual assault in a unisex bathroom stall. The court concluded that, under the circumstances, defendant had a duty to ensure safety by undertaking minimally burdensome security measures, like requiring one of its security guards to remain posted in the restroom area as the club emptied out; substantial evidence supports breach of the duty of care; substantial evidence supports causation; admission of testimony regarding the perpetrator's brother's prior sexual misconduct in the workplace was not error; admission of the perpetrator's videotaped interview was not error; and the $5.35 million noneconomic damages award does not shock the conscience. Accordingly, the court affirmed the judgment on all grounds.
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