A man who filed a lawsuit against the Cosmopolitan of Las Vegas in 2014 was awarded $160 million by a Las Vegas jury on Wednesday. The attack allegedly occured in 2012.
The 5-week trial targeted The Cosmopolitan of Las Vegas, the Marquee nightclub, and Roof Deck Entertainment LLC.
The lawsuit was filed by David Moradi, a New York resident, who suffered traumatic brain injury when the manager of a nightclub and the security staff at the Cosmopolitan "back roomed" him -- a reference to a old-style Vegas tactics of roughing up customers in the back room.
Smashed His Head Repeatedly in the Concrete
Mr. Moradi's lawyers presented evidence that David Moradi had his head smashed repeatedly into the concrete floor of the nightclub, while the security staff was trying to take his ID and credit card from him.
The Las Vegas Review-Journal reported that David Moradi had already paid a bill in excess of $10,000, but the nightclub's staff tried to force him to pay additional fees that Moradi disputed. In reponse, according to Moradi's lawyers, the staff assaulted him in what amounted to a shakedown.
$11 Million a Year Hedge Fund Manager
David Moradi made $11 million as a hedge fund manager in 2011, which is why the jury awarded him $160 million in damages. Based on his earning potential, the Marquee nightclub's staff cost David Moradi hundreds of millions of dollars in potential earnings, and thus damages.
The jury has not decided on punitive damages yet. Punitive damages are meant to be a punishment for the parties being sued, to discourage that kind of conduct in the future (and to discourage other operators from doing something similar).
$160 Million Judgment
In the compensatory phase of the trial, David Moradi was awarded $23 million for losses of past earnings and $79.5 million for future loss of earnings. He also received $20 million for past pain and suffering, along with $38 million for future pain and suffering.
Reasons for the Award
The jury appears to have seen Moradi's side of the argument, perhaps due to a Las Vegas neurosurgeon's diagnosis that Moradi sustained a traumatic head injury. The night of the assault, his injury was diagnosed as a concussion. He also receive a bruise to his right eye, soreness in his neck and extremities, and a swelling of the head.
Another fact in Moradi's favor was the fate of the billion-dollar hedge fund he operated. The hedge fund had to shut down in the wake of his injury and Moradi was unable to find work in his field.
Pattern of Marquee Assaults
Another lawsuit is still pending. A couple who were attending a company party at the Marquee nightclub several months after the Moradi incident claim they were assaulted by the manager and the staff. That case still awaits trial, though it is unknown how much money is at stake in that case.
