Bar held liable for patron’s beating

A jury ordered a Grover Beach bar to pay nearly $250,000 Wednesday to a man who was attacked and seriously injured by a former patron.

After more than six hours of deliberations, the jury determined that the Red Fox was partly responsible for injuries caused to Robert Britton, a self-employed building contractor who was beaten by a drunken patron after leaving the bar a year ago.

Britton, who suffered a fractured hip, broken nose and cuts to the head, said he hopes the verdict will send a message to bars about providing better security for customers.

“It’s been catastrophic for me, and I hope they will see this as an absolute red light time to change their procedures,” he said.

Ben Harper, owner of the Red Fox, said he thinks the attacker, Tony Aston, should pay the price for Britton’s injuries.

“But, unfortunately, he filed bankruptcy, and we’re next in line,” Harper said.

Harper said his employees had no way of knowing that Aston would viciously attack Britton because they had not seen incidents with Aston in the past, nor had they seen Aston become violent inside the bar.

Britton attorney James McKiernan, however, said the bar had seen numerous incidents in the past — including many that worsened outside the establishment.

“It was basically like a fight club once you got outside the bar,” he said.

Britton, who visited the bar with friends in February 2000, said he was not aware of the Red Fox’s reputation for rowdy behavior.

“I’ve hardly been to a bar in the past 20 years,” said Britton, 50.

While there, Aston, then 20, tried to pick a fight with Britton after Britton declined to dance with a female friend of Aston’s.

After the two exchanged words, a bartender escorted Britton outside. A minute later, McKiernan said, Aston was kicked out.

Aston saw Britton at a pay phone and then assaulted him, according to testimony in court.

Aston was later convicted of assault and is currently in jail.

After the fight, Aston filed bankruptcy, but Britton’s attorneys are hoping to still hold him responsible for a share of the overall reward.

During deliberations, the jury found that Britton suffered $464,936 worth of damages. The Red Fox, it concluded, was responsible for 53 percent of the damages, while Aston was responsible for 32 percent. Britton, who delayed his surgery over money concerns — possibly causing more damage — was found 12 percent responsible.

So far, his medical bills have exceeded $40,000, but future surgeries might cost more than $100,000.

Harper’s attorney, Michael Boyalian, could not be reached for comment Wednesday. But during the trial, he said the bar has had far fewer problems since Harper took over ownership from relatives in 1998.

Harper acknowledged that his bar has a bad reputation. But, he said, employees have made changes based on Britton’s experience. Now they watch patrons more closely, he said, and provide buffer zones when there’s a sign of conflict.

But, he added, if his employees follow patrons outside the bar, they can be held liable for any injuries that occur with the employee, and insurance would not cover anything that happens to customers outside the building.

“But we do care, and our bar is a safe bar,” he said.