The Romaker Law Firm Obtains $2 Million Dollar Verdict For The Loss Of An Eye

 

The Romaker Law Firm announces that on Monday April 11, 2016 a Cook County jury returned a verdict in the amount of $2 million dollars in favor of plaintiff, Orlando Valdez, and against both defendants in the case entitled “Orlando Valdez v. Rojas 2459 Club, Inc., d/b/a Aquarius Club and Restaurant and Roman Rojas,” Court No. 13 L 8704. Fernando M. Bustamante of The Romaker Law Firm represented the plaintiff.

On September 9, 2012, plaintiff, Orlando Valdez, then 34 years old, was at the Aquarius Club and Restaurant located at 2459 North Pulaski Road in Chicago, when after 2:30 a.m. a fight erupted inside the club between two female patrons and the wife of the club’s owner, Roman Rojas.  While the two female patrons had Rojas’ wife on floor and were beating her and pulling her hair, the club’s two bouncers stood in the periphery of the fight and did nothing.  One of the two fighting females then attacked the plaintiff’s wife.  Plaintiff went to aid his wife and tried to calm the woman down only to be attacked by this woman.  As the plaintiff put up his arms to protect himself and retreated, a patron sitting at the bar turned around, finished his drink and then threw his empty glass in the direction of the crowd gathered around the fight.  The female bartender serving customers on the side of the bar from which the glass was thrown testified that she had removed all glass from the bar and from the customers at the bar when the fight broke out.  One of the bouncers, who eventually intervened and stopped the fight, testified that the fight was going on anywhere from three to ten minutes before the plaintiff was injured.  The glass hit the plaintiff on the right side of the face, broke and cut through his eyelid and right eye.  The content of the plaintiff’s right eye was expelled and he started bleeding profusely.  The plaintiff’s right eye was removed later that day at Cook County Hospital.

 

The plaintiff argued that the defendants failed to immediately stop the fight and to immediately remove the fighters from the premises.  The plaintiff also argued that the defendants failed to remove all glass items from the bar and from customers at the bar in the area closest to the fight, and allowed the fight to escalate and continue for such a long time that a criminal act of a third party was reasonably foreseeable to them.  The defendants denied that there was a physical fight in the bar when the plaintiff was injured.  Rojas’s wife denied that she had been involved in any fight or that she had been beaten on the floor of the bar the night the plaintiff was injured.  The defendants argued that the criminal attack on the plaintiff was not reasonably foreseeable because before he was injured there had only been a verbal argument between women in the club and the women had been escorted out without incident.

 

The jury disagreed with the defendants and returned a verdict in favor of the plaintiff and against both defendants in the amount of $2 Million Dollars.  The case was tried to verdict before Judge Thomas V. Lyons, II of the Circuit Court of Cook County.  Fernando M. Bustamante of The Romaker Law Firm represented the plaintiff and Robert M. Burke, Jr. of Heineke & Burke, LLC represented both defendants.

 

The Romaker Law Firm represents injured persons in workers compensation and personal injury cases.  The Romaker Law Firm is located at 211 West Wacker Drive, Suite 1450, Chicago, Illinois 60606, (312) 377-7000.  On the web at romakerlaw.com