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Suit: Restaurant liable for death after serving intoxicated minor

Amount:

$40,000,000

Type:

Verdict-Plaintiff

State:

California

Venue:

Riverside County

Court:

Superior Court of Riverside County, Riverside

Injury Type(s):

other-death; other-laceration; other-puncture wound; other-loss of society

Case Type:

Wrongful Death; Hotel/Restaurant – Dram Shop; Premises Liability – Restaurant; Worker/Workplace Negligence – Negligent Service of Alcohol

Case Name:

Rey Jordan and Carmen Maria Jordan v. T.G.I. Friday’s; The Braid Group; Galleria at Tyler; General Growth Properties; Louis Alex Martinez; Michael Derek Castillo; and Does 1 to 100,
No. RIC1100955

Date:

June 18, 2015

Parties

Plaintiff(s):

Rey Jordan (Male, 60s), 

Carmen Maria Jordan (Female, 60s), 

Estate of Orlando Jordan (Male, 33 Years)

Plaintiff Attorney(s):

Nicholas C. Rowley;
Carpenter, Zuckerman & Rowley, LLP;
Beverly Hills,
CA,
for
Carmen Maria Jordan, Estate of Orlando Jordan ■ Keith J. Bruno;
BRUNO | NALU;
Newport Beach,
CA,
for
Rey Jordan, Estate of Orlando Jordan ■ Angela Bruno;
BRUNO | NALU;
Newport Beach,
CA,
for
Rey Jordan, Estate of Orlando Jordan

Defendant(s):

TGI Fridays Inc., 

Louis Alex Martinez, 

GGP-Tyler Mall, L.L.C., 

Michael Derek Castillo, 

Briad Restaurant Group, LLC, 

Briad Management Services, LLC, 

General Growth Management Inc., 

Tyler Mall Limited Partnership, 

General Growth Properties, Inc., 

Tyler Mall L.L.C. General Partner of Tyler Mall Limited Partnership

Defense Attorney(s):

Thomas P. Gmelich;
Bradley & Gmelich;
Glendale,
CA,
for
TGI Fridays Inc., GGP-Tyler Mall, L.L.C., Briad Restaurant Group, LLC, Briad Management Services, LLC, General Growth Management Inc., Tyler Mall Limited Partnership, General Growth Properties, Inc., Tyler Mall L.L.C. General Partner of Tyler Mall Limited Partnership ■ Stephen A. King;
Rodriguez & King;
Ontario,
CA,
for
Louis Alex Martinez ■ Larry N. Willis;
Law Office of Larry N. Willis;
Santa Ana,
CA,
for
TGI Fridays Inc., GGP-Tyler Mall, L.L.C., Briad Restaurant Group, LLC, Briad Management Services, LLC, General Growth Management Inc., Tyler Mall Limited Partnership, General Growth Properties, Inc., Tyler Mall L.L.C. General Partner of Tyler Mall Limited Partnership

Insurer(s):

Zurich North America for Briad Restaurant Group, LLC

Facts:

On Jan. 24, 2009, plaintiffs’ decedent Orlando Jordan, 33, a Wells Fargo bank worker, was dining with his girlfriend at the T.G.I. Friday’s restaurant within the Galleria at Tyler mall, in Riverside. At approximately 1 a.m., Jordan’s girlfriend’s adult son, Michael Castillo, and his friend, Louis Martinez, joined them. Both Castillo and Martinez were allegedly intoxicated upon their arrival at the restaurant and then proceeded to drink heavily after joining Jordan and his girlfriend. Approximately a half hour later, Jordan and Castillo got into a heated argument that resulted in a physical altercation. During the fight, Castillo stabbed Jordan with a knife. Jordan ultimately died from his injury. Castillo and Martinez were both charged and incarcerated for the assault. The decedent’s parents, Rey and Carmen Jordan, sued Castillo; Martinez; and the T.G.I. Friday’s franchise operator, Briad Restaurant Group, LLC. Briad Restaurant Group subsequently brought a cross-complaint against Castillo and Martinez. The decedent’s parents initially named the franchisee, TGI Fridays Inc., and Tyler Mall Limited Partnership, doing business as Galleria at Tyler, (as well as named variations of those companies’ names) as defendants, but they were ultimately released on summary judgment prior to the commencement of trial. The mall’s security contractor, General Growth Management Inc. (as well as other variations of that company’s name), was also named as a defendant, but it was also dismissed prior to trial. Once it was determined that the decedent’s parents’ case was aligned with Martinez’s position in the case, the parent’s counsel dismissed their claim against Martinez. Briad Restaurant Group later also dismissed Martinez as a cross-defendant. Thus, Martinez was let out of the case, but still testified at trial. The jury was also allowed to still consider Martinez’s percentage of fault. Castillo defaulted and was not present at trial. Plaintiffs’ counsel contended that Briad Restaurant Group was negligent for knowingly serving alcohol to the visibly intoxicated and underage Castillo. Thus, counsel argued that the negligent service of alcohol led to Castillo’s assault, resulting in the decedent’s wrongful death. A bartender who was on duty on during the subject incident testified that he served the group a series of drinks — including shots of tequila, cocktails and beer — over a period of 30 to 45 minutes. Martinez testified that he and Castillo had gone to T.G.I. Friday’s to get drunk. He also claimed that the decedent had not done anything to provoke the attack that occurred. Counsel for Briad Restaurant Group denied that either Martinez or Castillo was served alcohol at the time alleged.

Injury:

Orlando Jordan was stabbed during an altercation and was ultimately pronounced dead upon arrival at nearby Riverside Community Hospital, in Riverside. He was survived by his parents. Thus, the decedent’s parents sought recovery of wrongful death damages for the loss of their son’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Result:

The jury found that Briad Restaurant Group had provided alcoholic beverages to an obviously intoxicated Castillo. It also found that Castillo harmed the decedent and that Briad Restaurant Group’s providing of alcohol to Castillo was a substantial factor in causing harm to the decedent. The jury further found that Martinez aid and abetted Castillo in causing the decedent harm and that Martinez’s actions was a substantial factor in causing the decedent harm. Thus, it determined that Briad Restaurant Group was 55 percent liable for the subject incident, that Castillo was 40 percent liable and that Martinez was 5 percent liable. The jury also determined that the decedent’s parents’ damages totaled $40 million. Since Castillo defaulted and Martinez was no longer a party at the time of trial, the decedent’s parents should only recover the $22 million amount owed by Briad Restaurant Group.

Estate of Orlando Jordan: $10,000,000 Wrongful Death: Past Loss Of Society Companionship; $30,000,000 Wrongful Death: Future Loss Of Society Companionship

Actual Award:

$22,000,000

Trial Information:

Judge:

Sunshine S. Sykes

Trial Length:

6
 weeks

Trial Deliberations:

2
 days

Jury Vote:

10-2

Editor’s Comment:

This report is based on information that was gleaned from court documents, and from interviews of plaintiffs’ counsel and counsel for Louis Alex Martinez. Counsel for Briad Restaurant Group, LLC, and the other remaining defendants did not respond to the reporter’s phone calls.