$________ - Negligent training and supervision of tattoo parlor employees - Civil battery - Jaw fracture - Facial lacerations with scarring - Concussion - Vertigo - Defendant in default.

Orange

The plaintiff alleged that an employee of the defendant’s tattoo parlor, Jeffrey Robinson, punched him in the face and knocked him into a brick wall. The plaintiff claimed the defendant tattoo parlor failed to properly train and supervise its employees, resulting in the battery upon the plaintiff. The defendant tattoo parlor was in default and the case was tried on the issue of damages only. The alleged assailant, Robinson, was also named as a defendant in the case, but could not be located for service of the complaint.

The plaintiff, a 40-year-old real estate professional, testified that he accompanied a girl he was dating to the defendant’s tattoo parlor so that the girl could have a piercing fixed. After the girl went into a back room for the procedure, the plaintiff testified he noticed a box of Cheez-It crackers on the defendant’s counter. The plaintiff took some of the crackers and began to eat them.

The plaintiff testified that a heavily tattooed man who was behind the counter became very angry because the plaintiff had taken the crackers. The plaintiff contended that he proffered a $5 bill and offered to pay for the snacks. The plaintiff testified he left the money on the counter and exited the establishment in the company of the girl with whom he had entered.

When the plaintiff was one step outside of the defendant’s door, he claimed that another of the defendant’s tattoo artist, the defendant Robinson, came out of the building wearing four heavy rings on his right hand. Robinson tapped the plaintiff on the shoulder and then struck him in the face with a right cross, according to the plaintiff’s testimony. Criminal charges were brought against Robinson as a result of the assault.

The plaintiff contended that the punch knocked him into a brick wall and planter where he struck his face and lost consciousness. The plaintiff testified he woke up the next day in the hospital. The plaintiff’s medical records showed that he sustained a jaw fracture, facial lacerations and a concussion as a result of the incident. The plaintiff has been left with a permanent vertical scar from his eye, along his nose to his mouth.

The plaintiff’s plastic surgeon opined that the plaintiff will require scar revision in the future. The plaintiff also claimed permanent vertigo, which limited him to a managerial position in the real estate company that he owned.

The case was tried as a bench trial with an award of $________ to the plaintiff. Costs of $________ were added to the award. The award included $________ in past medical expenses; $________ in future medical expenses; $________ in past loss of wages; $________ in future loss of wages; $________ in past pain and suffering and $________ in future pain and suffering. Plaintiff’s counsel is currently attempting to collect the judgment against the defendant tattoo parlor.