This section contains the nature of the case and procedural background.

P went to Club 2551, a dance club in Dallas. According to P, about 1:00 a.m., a Club 2551 bouncer grabbed P and asked him whether he had thrown a bottle. When P denied it, the man called more bouncers over. The bouncers grabbed P from behind, pinning his arms. When P told them that they 'had the wrong guy,' the bouncers began hitting P in the face with their flashlights. Gonzalez fell against a wall and was thrown down the steps at the club entrance. Ray Vasquez, the club manager, testified that the bouncers grabbed P's arms after P swung at Vasquez, and P and a bouncer fell against a wall and then fell down. Vasquez denied that any bouncers hit P with flashlights or threw him down the steps. P was injured as a result of the incident. He was taken by ambulance to Parkland Hospital and received medical treatment. P sued the club owner, Luis Alberto Garza, individually, and D alleging negligence and gross negligence. P got a verdict against D. The court found no liability as to Garza. D's motion for a new trial was overruled by operation of law. D appealed.

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