Hernandez v. Fusion Food & Boba Cafe
This case arises from an assault and battery against plaintiff Brian Hernandez in the parking lot of the Mercury Village Shopping Center (Mercury Village) where Hernandez and his girlfriend had gone for a gathering of car enthusiasts. Defendant Fusion Food & Boba Cafe (Fusion Food) leases premises within the shopping center.
The incident occurred when Hernandez attempted to defuse a verbal confrontation between his friend, Fernando, and a man named Christopher Jones. After initially walking away, Jones suddenly turned and without warning attacked Hernandez, punching him in the face and body, slamming him into the hood of a car, and then kicking him while he lay on the ground.
Defendant Capitol Security Services Inc's (CSSI's) on-site security employee tried to stop the assault, then called 911. The police arrived in three minutes, and paramedics then transported plaintiff to the hospital. Hernandez sustained severe injuries, including a broken left jaw and facial lacerations.
Hernandez filed a complaint against, among others, Fusion Food and CSSI for general negligence and premises liability.
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