Hooters Brawl Lands Guard $860,000
Evan Johnson, claiming he suffered permanent physical and neurological injuries that have kept him from returning to work, was awarded the damages after the jury found the guest, Robert Womack, and the party-throwing Hooters franchisee negligent. However, the jury found the restaurant’s negligence was not a contributing factor to Johnson’s injuries and deemed Womack solely liable for all damages.
Hooting It Up
The party was thrown by Hooters’
Mission Valley, California restaurant in December of 2000.
Johnson was working there that night as a security guard,
while a Hooters employee had invited Womack to the party.
As the party progressed, Johnson noticed Womack’s behavior
was getting out of hand and thus, asked him to
leave.
The guard claimed that Womack, apparently not
wanting to leave the party, head-butted him, prompting a
fracas involving other partygoers to break out.
The injured Johnson then
sued Womack, Hooters of America
Inc and Hoot Winc LLC, the franchisee of the Mission
Valley establishment. Prior to the trial, Hooters of
America was dismissed from the case when it was
established in the discovery phase they were not a proper
party.
Johnson’s lawyers contended Hoot
Winc knew or should have known about Womack’s dangerous
propensities but failed to take preventative action.
Additionally, they argued that the restaurant let the
party get out of hand and that some of its employees may
have contributed to Johnson’s injuries in the
melee.
However,
Hoot Winc’s defense team denied
the allegation, saying Hoot Winc had no prior notice that
Womack had any violent tendencies. Womack, representing
himself, said that he did not go to the party with the
intent to hurt anyone and that he was not prone to
violence.