Diamond III v. Platinum Jaxx, Inc.Annotate this Case
John Diamond, III was assaulted and sustained severe injuries while a patron at Platinum Jaxx, a restaurant and bar. He filed suit against Platinum Jaxx, Inc., its landlord, and his assailant, Noel Bungay. A default was entered against Bungay, and the landlord was later granted summary judgment on the claims against it. Diamond proceeded to trial on his remaining claims against Platinum Jaxx. After an eight-day trial, the jury returned a special verdict finding Platinum Jaxx criminally negligent. The jury awarded Diamond $1.85 million in damages and apportioned fault between Platinum Jaxx and Bungay. Platinum Jaxx was found to be 20% at fault for the injuries Diamond received, and Bungay was found 80% at fault. Diamond appealed the superior court’s pre-trial order that precluded him from proceeding on a piercing the corporate veil theory, asking the Alaska Supreme Court to reverse the order and remand to allow the superior court to make findings of fact and conclusions of law on the veil piercing issue. He also challenged other pre-trial orders excluding evidence, and determination of post-judgment cost award allocation. Because Diamond did not plead the veil piercing issue, the Supreme Court affirmed the superior court’s order. The superior court also did not abuse its discretion by excluding the challenged evidence and by allocating costs according to the percentage of fault of each defendant.