This section contains the nature of the case and procedural background.

Barth (P) was engaged in a verbal confrontation with another group of patrons at Senor Buckets and reported the incident to the manager, Coleman (D) who promised that he would handle the situation. The situation escalated, and Martinez punched P in the nose. P sued and alleged that Buckets had breached its duty of care to keep the premises reasonably safe and that D had been negligent in failing to stop or control the incident and that was the proximate cause of P's injuries. The court found Buckets and Coleman jointly and severally liable. D appealed.

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