Scarlett Benchley vs. SBE

Case Background

Scarlett Benchley filed a premises liability lawsuit against The Nightingale Plaza after she was allegedly restrained by the security guards and arrested. The nightclub assault lawsuit was filed in the California Superior Court, Los Angeles County. Judges Holly J. Fujie, Bruce G. Iwasaki, and Kristin S. Escalante presided over this case. [Case number: 18STCV00236]

Cause

On October 16, 2017, Scarlett Benchley visited The Nightingale Plaza, a nightclub operated by SRC Entertainment, LLC, intending to enjoy the venue’s amenities and meet friends in the VIP section. Security checked her identification at the main entrance and allowed her inside.

At some point, Benchley attempted to enter the VIP area to greet her friends. As she approached, a security guard suddenly grabbed her wrists without warning and forced them into a restraining position. Without explanation, he lifted her off the ground by her elbows, causing unnecessary physical harm. She had no opportunity to protect or defend herself.

The security team then carried her to the nightclub’s rear exit without justification. Multiple guards physically transferred her between them against her will. Eventually, two security guards handcuffed her, stating she was under arrest but failing to provide a reason.

Without consent, the guards searched Benchley and her belongings. Meanwhile, she could hear other patrons expressing concern, shouting phrases like, “Cover her up,” “This isn’t right,” and “What are you doing to her?” However, she could not see or communicate with them for help.

At some point, a firefighter approached and placed a blanket over her to cover her exposed genital area, shielding her from the view of onlookers. Los Angeles police officers arrived at the scene and then the nightclub’s employees released her from their physical restraints.

Damages

Scarlett Benchley sustained physical injuries along with severe humiliation, embarrassment, fear, anxiety, and stress. She also experienced sleep loss and damage to her reputation. The nightclub’s employees caused these harms through both intentional and negligent actions. As a result, she suffered significant emotional distress and physical harm, with damages exceeding $25,000.01.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Scarlett Benchley
    • Counsel for Plaintiff(s): Whitney D. Ackerman
  • Defendant(s): SRC Entertainment, LLC, operating as Nightingale Plaza
    • Counsel for Defendant(s): Jason R. Chermela

Claims

Battery

Scarlett Benchley alleged that the nightclub’s security guards intentionally grabbed, restrained, and removed her against her will. Despite her vocal objections, they continued using unnecessary force. The guards’ actions harmed her physically and emotionally. She claimed the nightclub bore responsibility for its employees’ conduct since they acted within their job duties.

Assault

Benchley stated that the security guards’ actions caused her to fear an imminent attack. They restrained her, threatened further force, and refused to let her leave. Given their size and prior physical aggression, she found their threats credible. As a result, she suffered emotional and physical distress. She held the nightclub responsible for its security team’s conduct.

False Imprisonment

According to Benchley, security guards intentionally restricted her movement using force, threats, and intimidation. They restrained her inside and outside the nightclub, keeping her in a vulnerable position for an extended period. She asserted that they acted knowingly and without her consent, causing significant harm. She claimed the nightclub was liable because the guards acted within their employment duties.

Negligence

Benchley argued that the nightclub and its employees acted negligently by using excessive force and exposing her in public. They failed to follow standard procedures, causing avoidable harm. She asserted that their reckless actions directly led to her injuries.

Negligent Hiring and Supervision

Benchley claimed the nightclub knowingly employed aggressive and unfit security guards, despite prior complaints about their conduct. She argued that management ignored warnings from public reviews and failed to prevent foreseeable harm.

Premises Liability

Benchley contended that the nightclub created an unsafe environment by allowing unchecked security misconduct. She argued that management knew or should have known about the risks but failed to intervene, leading to her injuries.

Defense

SRC Entertainment, LLC, operating as Nightingale Plaza, responded to the plaintiff’s second amended complaint with multiple affirmative defenses.

First, the company argued that the lawsuit failed to state a valid legal claim. Second, it claimed that the plaintiff’s own negligence contributed to the alleged incident, warranting a reduction in any potential damages.

Third, the defendant asserted that third parties, not the company, caused the plaintiff’s injuries. The company denied liability for those actions and requested a court ruling to allocate fault accordingly. Fourth, it argued that the plaintiff knowingly assumed the risks involved in the incident and voluntarily exposed herself to potential harm.

Fifth, SRC Entertainment contended that unforeseeable actions by others caused the alleged injuries, making the company not liable. Sixth, it denied that the plaintiff suffered any actual damages. Seventh, the defendant claimed that the plaintiff failed to take reasonable steps to mitigate damages.

Eighth, the company stated that the plaintiff’s claimed damages were speculative and could not be calculated. Ninth, it argued that any alleged property defect was too minor to impose liability. Tenth, it maintained that it had no prior knowledge of any defect that might have contributed to the alleged injuries.

Eleventh, the company invoked the statute of limitations as a bar to some or all claims. Twelfth, it asserted that the plaintiff’s own wrongful conduct should prevent recovery under the doctrine of unclean hands.

Thirteenth, SRC Entertainment sought indemnity or contribution from other responsible parties if found liable. Fourteenth, it referenced California law limiting non-economic damage recovery to the defendant’s percentage of fault.

Lastly, the company raised defenses based on third-party negligence, unforeseeable medical conditions, and reserved the right to assert further defenses if discovered during litigation.

Jury Verdict

On July 1, 2024, the jury ruled in favor of SRC Entertainment, LLC, doing business as Nightingale Plaza, and against Scarlett Benchley on all claims.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com