Adam Becker vs. Bethany McDaniel, Et Al

On June 24, 2024, the California jury returned a defense verdict in this premises liability case after finding that The Old Chalet, a pub in California, owed no duty of care to Adam Becker, the Plaintiff. The jury also cleared allegations of negligence and battery against Bethany McDaniel who had accidentally thrown a metal-tipped dart at Becker when intoxicated.

Case Background

On March 26, 2019, Adam Becker filed a premises liability and negligence lawsuit before the California Superior Court, Los Angeles County. Judges Frederick C. Shaller, Lisa R. Jaskol, Lee S. Arian, Kerry Bensinger, and William A. Crowfoot presided over this case. [Case number: 19STCV10323]

Cause

On March 19, 2018, around 9:45 p.m., Adam Becker was at The Old Chalet in Los Angeles. At that time, Bethany McDaniel, who was intoxicated, threw a metal-tipped dart at Becker that struck and punctured his left hand. The dart punctured his hand, causing severe injuries. The other Defendants included the security personnel and safety providers, who were negligent in managing the incident and McDaniel’s actions. The Old Chalet was operated by the Defendants, Artisanal Brewers Collective LLC, and Does 1 to 5.

Injury

As a result of the incident, Becker suffered significant harm to his health, strength, and activities. He sustained serious personal injuries, including nerve damage and trauma to his nervous system. This led to severe mental, physical, and emotional suffering. Additionally, these injuries resulted in permanent and partial disability.

Damages

Becker incurred costs for medical care, nursing, physical therapy, dental treatment, convalescent care, hospice services, and other necessary treatments. He experienced both past and future losses in earnings and earning potential, along with various special and economic damages. Additionally, he faced a diminished enjoyment of life and other general damages. He sought compensation for these damages through this premises liability action.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Adam Becker
    • Counsel for Plaintiff(s): Tom G. Antunovich | Brian D. Chase | Scott A. Ritsema
  • Defendant(s): Artisanal Brewers Collective LLC | Bethany McDaniel | The Old Chalet
    • Counsel for Defendant(s): Keith G Bremer | Allison K. Howard

Claims

During the incident, while Becker was inside the premises of The Old Chalet, a visibly intoxicated Bethany McDaniel began throwing metal-tipped darts. One of these darts struck the plaintiff, puncturing his left hand. Becker alleged that the Defendants negligently owned, maintained, and controlled the premises, allowing it to become dangerous and unsafe for patrons.

It was claimed that the Defendants should have discovered, through reasonable inspection, that the premises posed a risk of harm, especially given that patrons were consuming alcohol sold by the Defendants. Additionally, the presence of a dartboard and metal-tipped darts should have heightened their awareness of the risk. Plaintiff argued that the Defendants’ inaction and failure to implement safety measures allowed the premises to become unreasonably unsafe, ultimately posing a significant risk of injury to paying customers and others.

Defense

The Defendants explicitly denied any involvement in causing the incident. They claimed that the Plaintiff willingly accepted the risks and hazards associated with the place at the time and place of the incident. They argued that any damages the Plaintiff suffered resulted, in whole or in part, from the negligence or actions of other individuals or entities, not the Defendants. Therefore, the Defendants contended that the Plaintiff’s claims were barred or limited due to a superseding cause of the alleged damages.

Jury Verdict

On June 24, 2024, the California jury returned a defense verdict. The jury determined that Bethany McDaniel had not touched Becker with the intent of causing harm. Further, the jury held that Artisanal Brewers owed no duty to Becker. Consequently, Plaintiff Adam Becker received no compensation in this premises liability lawsuit.

On July 16, 2024, Hon. Frederick C. Shaller entered a judgment consistent with the verdict, awarding costs to Defendants Artisanal Brewers Collective, LLC, and Bethany McDaniel.

Court Documents:

Available upon request