Lawsuit filed after arrest made in Fresno Elbow Room fight

The family of a young man critically hurt during a confrontation outside the Elbow Room has filed a lawsuit against the restaurant and the suspect accused of the brutal attack.
December 9, 2013 12:00:00 AM PST
The family of a young man critically hurt during a confrontation outside the Elbow Room has filed a lawsuit against the restaurant and the suspect accused of the brutal attack. The lawsuit alleges the popular Fresno bar and grill failed to protect the victim.

Aharon Davoyan was arrested on two felony charges Sunday. He bailed out of jail Monday with his attorney and they say the incident was a mutual fight.

Three weeks after a fight at the Elbow Room the family of Nick Burriel Jr. has filed a lawsuit against the Davoyan, and the popular bar and grill.

The victim's family was relieved after the suspect was arrested.

"It gave us, you know, a brief moment of peace but at the same time, we don't know what to think," Nick Burriel's father said.

The attorney representing the injured man and his family said bartenders and bouncers at the restaurant initially broke up a fight between the two, before both customers were escorted out. A move, Doug Gordon says was a bad one.

"They apparently took Mr. Davian to a separate door and then let him go and then let the assault continue and let him continue around the outside of the elbow room by the patio in full view, unimpeded where he ran to the front door and continued the assault," Burriel Family Attorney Doug Gordon said.

An attorney representing the Elbow Room issued a statement late Monday saying, in part, "We believe the most telling and important development is that Mr. Aharon Davoyan has been arrested after a thorough investigation by the Fresno Police Department. The Elbow Room is a beloved local establishment and denies all liability in this matter. "

Davoyan's attorney said his client was taunted and trash talked before he threw a punch.

"Even after all that, my clients friends escorted him away and they turned back to go into the club and eventually the name calling persisted and eyewitnesses say both men ran toward each other," Davoyan's Attorney Michael Idiart said.

Burriel was found critically hurt in the parking lot of the Elbow Room. He suffered two collapsed lungs, a bruised heart and was later put on life support.

For two weeks he was in a coma but recently began opening his eyes and trying to respond to some family members. Davoyan spent six hours in jail before he bailed out. He is set to face a judge next week.