Vanessa Jung Tirman, as Personal Representative of the Estate of Jonathan Dongin Jung, et al. vs. The Bicycle Casino, Inc., a California Corporation

Case Background

On June 29, 2022, plaintiffs Jung Insoon, Jung Jungsik, and Phillip Tirman filed a Wrongful Death lawsuit in the California State, Superior Court of Los Angeles County (Case number: 22STCV21242). Judges Patrick T. Madden, Michelle C. Kim, Ruth Ann Kwan, Anne Hwang, Lynne M. Hobbs, and Michael E. Whitaker presided over the case.

Cause

On July 24, 2021, Jonathan Jung, a 45-year-old Korean American man, visited the Bicycle Casino in Bell Gardens, California. Jung, who had bipolar schizoaffective disorder, experienced a mental health episode. Casino security asked him to leave, and he complied, exiting the casino and hotel buildings.

Despite his compliance, a five-man security team pursued Jung into the parking lot. This aggressive pursuit worsened his distress, causing him to panic and attempt to enter a passerby’s car. When this failed, Jung fled further into an enclosed area of the parking lot and tripped, falling to the ground.

The security team then physically restrained Jung while he lay on his stomach. They bent his legs back at the knees, pinned them to his buttocks, and knelt on his back. They also handcuffed his hands behind his back. This forceful restraint lasted about three minutes, even as Jung vomited and became unresponsive. He died at the scene, still handcuffed on the asphalt.

Injuries

Jonathan Jung suffered severe and fatal injuries due to the physical restraint by the casino’s security personnel. He experienced intense physical trauma, mental anguish, and terror. The complaint alleged that Jung endured pain, distress, and unconsciousness before he died.

Damages

The plaintiffs, including Jung’s parents (Jung Sik Jung and Insoon Jung) and his sister (Vanessa Jung Tirman), sought damages for Jung’s death. They claimed:

  1. Non-economic damages for the loss of Jung’s love, affection, and support.
  2. Economic damages for the loss of Jung’s future earnings and financial support.
  3. Compensation for medical and incidental expenses incurred.
  4. Damages for Jung’s pre-death pain, suffering, and disfigurement.
  5. Punitive damages to punish and deter similar conduct.
  6. Reasonable attorneys’ fees and expert witness fees.
  7. Prejudgment interest on awarded damages.

Key Arguments and Proceedings

Legal representation
  • Plaintiff(s): Jung Insoon individually and as beneficiary and successor-in-interest to the estate of Jonathan Dong | Jung Jungsik individually and as beneficiary and successor-in-interest to the estate of Jonathan Do Jung Vanessa Jung | Tirman as personal representative of the estate of Jonathan Dong | Phillip Tirman
    • Counsel for Plaintiff: Indira J. Cameron-Banks| Terrence M. Jones | Nguyen Minh Tri
  • Defendant(s):Parkwest Bicycle Casino LLC | TBC L.P. dba The Bicycle Hotel & Casino dba Parkwest Bicycle Casino
    • Counsel for Defendants: Joshua Bordin-Wosk| Bryan Aghakhani

Claims

The complaint alleged four main causes of action against the Bicycle Casino and other unnamed defendants:

  1. Negligence and Wrongful Death: The plaintiffs claimed the casino failed to handle Jung’s mental health crisis properly. They alleged the casino lacked trained security personnel, failed to contact medical services, and used excessive force, which led to Jung’s death.
  2. Assault: The aggressive pursuit by the security team made Jung reasonably fear imminent harm, constituting assault.
  3. Battery: The physical restraint, including pinning Jung to the ground and handcuffing him, constituted unlawful and harmful touching without consent.
  4. Negligent Hiring, Retention, Supervision, and Training: The plaintiffs argued that the casino failed to hire or train security personnel to handle mental health crises and neglected to supervise its staff properly.

Defense

The Bicycle Casino denied all allegations and damages. They asserted multiple affirmative defenses, including failure to state a cause of action, no dangerous condition, lack of notice, comparative fault, and statute of limitations. They argued that any injuries resulted from the plaintiffs’ own negligence or third parties. The defendant requested dismissal of the plaintiffs’ action and sought to recover costs.

Jury Verdict

On July 9, 2024, the jury found in favor of the defendant, ruling that the defendant had not been negligent toward the plaintiff and defendant’s employees did not occur any wrongful death in a Wrongful Death Lawsuit.

Court Documents:

Available Upon Request