Jose Manuel Carabes Perez vs Show Out LLC, Skynet Security LLC

Case Background

On June 15, 2023, Plaintiff  Jose Manuel Carabes Perez filed a Premises Liability lawsuit in the Oregon State, Multnomah County, Circuit Court(Case number: 1:19cv604). Beth Allen, Christopher Marshall, Christopher Ramras, Judith Matarazzo, and Marilyn Litzenberger presided over this case.

Cause

On May 14, 2023, Jose Manuel Carabes Perez entered The Capitol Bar & Lounge in Portland, Oregon, as a business invitee. The Capitol, owned and operated by Show Out LLC, invited patrons to enjoy food and beverages in a social setting. Show Out hired Skynet Security LLC to provide security services, which included conducting pat-down searches and preventing dangerous individuals from entering the premises.

Both Defendants were aware of ongoing issues with gun violence in bars near The Capitol. Despite this knowledge, they failed to take adequate precautions to protect patrons. A known violent individual, identified as “Streets,” entered the bar with a firearm. Skynet Security, responsible for screening patrons, either failed to detect the weapon or negligently allowed “Streets” to bypass security protocols. Later that evening, during an altercation with another patron, “Streets” discharged his firearm multiple times. A stray bullet struck Carabes, who was uninvolved in the confrontation, causing a serious gunshot wound to his thigh.

Injuries

The gunshot inflicted severe injuries, leaving both entry and exit wounds in Carabes’ thigh. These injuries caused permanent disfigurement, significant nerve damage, and a lasting loss of normal leg function. Carabes endured intense pain, emotional trauma, and a diminished quality of life. The violent incident also left him with significant fear and stress, compounding his physical and emotional suffering.

Damages

Carabes incurred substantial economic damages, including medical expenses, property loss, and lost wages. He sought $1,750,000 in non-economic damages to compensate for his pain, suffering, emotional distress, permanent disfigurement, and diminished ability to engage in daily activities. These damages highlighted the profound physical, emotional, and financial toll caused by the bar shooting.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jose Manuel Carabes Perez
    • Counsel for Plaintiff: Barry W Engle
  • Defendant(s): Show Out LLC | Capitol Bar & Lounge | Skynet Security LLC
    • Counsel for Defendants: Francis Torrence | Chris Michali

 Claims

Carabes held Show Out LLC and Skynet Security LLC accountable for negligence and premises liability. He argued that Show Out failed to protect patrons from foreseeable criminal acts, maintain safe premises, and adequately search for weapons. Skynet Security breached its duty by providing negligent security services, failing to screen for firearms, and allowing a known violent individual into the bar. The collective negligence of both Defendants directly caused Carabes’ injuries. They had the knowledge and ability to prevent the shooting but failed to take reasonable steps to protect their patrons.

Defense

Skynet Security LLC denied several allegations due to insufficient information and admitted only that Show Out LLC had hired them to provide security at The Capitol.

In their affirmative defenses, Skynet argued that the plaintiff’s damages resulted from the actions of others beyond their control. They challenged the sufficiency of the claims and reserved the right to seek contribution from Show Out LLC and others. Skynet also suggested that Carabes may have contributed to his injuries.

The defense denied the allegations in paragraphs 6 through 8 of the complaint and raised multiple defenses, including the fault of others, failure to state a claim, and potential apportionment of damages. Skynet also reserved the right to amend its defenses after discovery. They prayed for dismissal of the claims, reimbursement of their costs, and any relief deemed appropriate.

Jury Verdict

On November 20, 2024, the jury ruled in favor of Plaintiff Jose Manuel Carabes Perez, finding both Show Out LLC and Skynet Security LLC liable for his injuries. The jury awarded $62,142 in economic damages for medical expenses, lost wages, and other financial losses. Additionally, Carabes received $1,750,000 in non-economic damages for pain, suffering, emotional distress, permanent disfigurement, and diminished quality of life.

The total award of $1,812,142 reflected the significant impact of the Defendants’ negligence in maintaining safe premises and providing adequate security

Court Documents:

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