Hall v. Ssf, Inc.

930 P.2d 94 (1996)

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Nature of the Case

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Facts

P and several of his friends decided to go to the Limelight a local nightclub owned by D. P and the others in the group were under the mistaken impression that the Limelite would not be collecting a cover charge that evening. They learned of the cover charge, paid it, and entered the nightclub. Shortly thereafter, the group determined that there was 'no activity whatsoever' inside, and they decided to leave. P and the others requested a refund of their cover charge, and Paul, the Limelite's manager, refused. P and seven other members of the group remained in the small vestibule arguing for the return of the group's cover charge. Paul asked the group to wait until he finished a call. Someone from the group then reached into the cashier's area, disconnected the phone, and told Paul that 'we're talking to you now.' Paul then requested that Handka and two other doormen remove the group from the club. Handka and the two other doormen began escorting the group from the club. The group engaged in heated words with the bouncers while inside the club and continued to argue with Handka after they were escorted outside of the club. Handka perceived someone approaching him in what he thought was a menacing manner, he struck out with his fist, hitting P in the right jaw area. Handka further testified that he believed he was in danger and struck out in self-defense. P testified that when he turned around to see who had hit him, Handka was jumping up and down, challenging P to a fight. P was diagnosed with a displaced disk in the right temporomandibular joint (TMJ). An oral orthotic (mouthpiece) was required to fix the issues with temporary relief. P was referred to an orthodontist, Dr. Emmanuel Wasserman. Dr. Wasserman prescribed orthodontics and, ultimately, surgical intervention. Dr. Wasserman testified that the course of treatment prescribed for P, including surgery, was absolutely necessary. Dr. Wasserman also testified that orthotics, such as those prescribed by Dr. Keropian, were only 'interim measures' and were not a cure. P had seven teeth extracted and skin grafts taken from the roof of his mouth, both causing substantial pain and discomfort. He was also fitted with braces, which he has worn for two years. Hall testified that he intended to undergo the recommended surgical procedure. P filed a complaint against Ds alleging several causes of action, including intentional battery, negligent hiring, training, supervision, and retention of employees. P sought compensatory and punitive damages, including future medical damages, and for injuries sustained. The district court found in favor of Paul and against P on all claims and for P and against Handka and SSF on the theories of intentional assault and battery. P was awarded $57,782.00 in general and medical damages but no future medical expenses. The court awarded punitive damages against D and costs in the amount of $9,105.39. P appealed.