Tuesday, January 31, 2017

“Angry and belligerent” broker fails in bid to sue night club (Dublin, IE)

A “drunk..aggressive..argumentative..angry and belligerent” insurance broker, who claimed he had been assaulted by bouncers at a Dublin night club, has lost a €60,000 damages claim against the Russell Court Hotel and now faces a hefty legal costs bill.

Circuit Court President, Mr Justice Raymond Groarke, said Michael Halloran, of Braemor Drive, Churchtown, Dublin, had attempted to head butt one of two bouncers who were attempting to eject him from the club.

Halloran (29) said he was a broker with Aon Insurance and on January 26, 2012, was attending a work party with colleagues at Dicey’s Beer Garden, Russell Court Hotel, Harcourt Street, Dublin.

He said he had been dancing and when a colleague was ejected he had tried to have him allowed back in but had been pushed and grabbed by the neck and arms by security staff. He had fallen, hitting and injuring his head.

Halloran said an ambulance had been called but he had declined to go with them as he did not have the money with him to pay for emergency hospital treatment.

Barrister Desmond Dockery, who appeared with solicitors O’Riordan and Company for the hotel, told Mr Halloran he had been performing back and front flips on the dance floor and security staff had no option but to approach him.

Mr Dockery said “all bets were off when you head butted a member of security during an attempt to eject you.”

Judge Groarke, dismissing Halloran’s case and awarding costs against him, said he had probably erred on the side of caution when admitting he had eight pints to drink on the night. The security staff was entitled to expel him.

The judge said he had viewed cctv coverage of the incident and it seemed to him Mr Halloran had tried to head butt a bouncer.

“He was drunk..aggressive..argumentative..demanding..upset..angry..and belligerent. He did sustain an injury to his head but it was not as a result of an assault or negligence on the part of staff,” Judge Groarke said.

He said the actions of the bouncers were reasonable and the degree of force used was also reasonable. Halloran had conceded in evidence he had told staff he worked in insurance and that his injury was “a €100,000 case.”

“Let me say that even if the case had merit it should have been taken in the District Court. I find there was no assault and no negligence on the part of staff and I dismiss the claim with costs,” Judge Groarke said.

Halloran had sued P & B Security Services Limited, said to be in liquidation, and Triglen Holdings, trading as the Russell Court Hotel, Harcourt Street, Dublin.

https://www.sundayworld.com/news/courts/angry-and-belligerent-broker-fails-in-bid-to-sue-night-club

Thursday, January 26, 2017

Bar, owner respond to Sears lawsuit (Morgantown, WV)

ALEX LANG
The Dominion Post

MORGANTOWN — The bar that served a man who drunkenly ran over and killed a pedestrian said it was not negligent in response to a civil lawsuit.

Earlier this year, the Carli Sears family filed suit against Alexander Hambrick, DC LLC — which does business as Jameson’s Annex — its owner Michael Shuman and property owner Thomas Vanlandingham. The suit alleges that they were negligent in their actions in serving Hambrick alcoholic drinks and other actions before the hit-and run.

In January, Hambrick was in his truck and drove up on a Stewart Street sidewalk where he struck Carli Sears. She died as a result of his injuries. He pleaded guilty to two felonies in the criminal case.

Recently Jameson’s and Shuman answered the lawsuit.

According to Jameson’s and Shuman’s filing: They denied many of the allegations levied in the suit. The two argue they are not guilty of negligence or wrongdoing that caused the damages named in the suit.

They also state that Sears’ negligence was “equal to or greater” than that of the defendants.

Vanlandingham also answered the lawsuit and asked for it to be dismissed. He argues he did not give any alcoholic beverages and state law says a landlord is not liable to a third-party for a tenant’s failure to conduct lawful business related to alcohol sales.

via http://www.dominionpost.com/Sears-lawsuit-answers-pq

Thursday, January 19, 2017

Portsmouth bar beating death lawsuit headed for mediation (Portsmouth, NH)

PORTSMOUTH - The parents of a 24-year-old Dover man, who died after a beating in the now-closed Page restaurant and bar - have agreed to participate in mediation to try to settle a federal lawsuit they filed against The Page owners.

Federal court records show David and Cheryl Krantz agreed to engage in the mediation, have agreed to a mediator and are "working cooperatively" to resolve the case without a trial. The Krantzes filed suit in the U.S. District Court of New Hampshire against The Page's corporate owners; Northern Tier Real Estate Acquisition and Development and New Adventure Entertainment, as well as co-owners John Dussi and Ted Mountzuris.

Federal court records note all of the parties intend to notify the court by May 26 "regarding the outcome of mediation."

The Krantzes argue in their suit that the bar owners "allowed an unsafe, dangerous and reckless environment to exist" and had been warned 10 times by the state Liquor Commission before their son Joshua's death. Through Portsmouth attorney Phil Pettis, their federal lawsuit details 11 alleged Liquor Commission infractions, beginning in 2007 and ending in 2013, when the commission revoked The Page's liquor license due to the beating death.

The assault against Krantz occurred April 5, 2013, when Zachary O'Neill beat Krantz during an "attack" from behind because he was angry that Krantz spilled a drink on him earlier that evening, while both were on a crowded dance floor in The Page. Police said Krantz later died at home and his cause of death was "a fractured skull resulting in an acute epidural hematoma." His manner of death was ruled a homicide.

In January 2014, O'Neill was sentenced to 10 to 22 years in prison for Krantz's death.

via http://www.fosters.com/news/20170118/portsmouth-bar-beating-death-lawsuit-headed-for-mediation

Ex-NFL star sues Lutz bar over son’s drunk driving death (Lutz, FL)

Ex-football star Brian Holloway is suing a Lutz bar for the wrongful death of his son.

Holloway and Bette McKenzie, parents of Max Holloway, 26 when he died last year, claim that Panini’s Bar and Grill in Lutz knew Max was an alcoholic.

Per Florida law, when someone knowingly serves a habitual drinker alcohol, they could be held liable for injuries or damages caused by the drunken person.

Max was a regular at Panini’s.

On Oct. 26, 2016, he spent hours drinking at the bar, chatting with the staff until 2:30 the following morning. Max left in his car after a long night of drinking.

Roughly 200 feet away from his condo, he lost control of his vehicle and crashed into a nearby home on Lutz’s Lake Fern Road. He was killed in the crash.

The parents seek damages for funeral and burial costs, loss of support and companionship, and mental pain and suffering. Holloway posted to Facebook two days after his son’s death to announce the day and time of the funeral service. In the post, Holloway wrote as though he were Max, it read, “Wow! this place is amazing! Heaven! The skies are the bluest you’ve ever seen and the air is crisp, and my allergies; are gone!”

The Panini’s Bar and Grill in question is located at 3973 Van Dyke Road in Lutz.

Brian Holloway played NFL offensive tackle for the New England Patriots and the Los Angeles Raiders from 1981 to 1988. Max played football for the Tampa Bay Storm and Boston College. He was a P.E. instructor at his alma mater, Jefferson High School.

No others were harmed in the accident.

via http://saintpetersblog.com/ex-nfl-star-sues-lutz-bar-sons-drunk-driving-death/

Color Commentary by Steve Guidry 

Very tragic, as are most deaths related to alcohol.  I don't know much about the Florida law, but I am learning.  I'm assuming their case hinges on the, "claim that Panini’s Bar and Grill in Lutz knew Max was an alcoholic.  Per Florida law, when someone knowingly serves a habitual drinker alcohol, they could be held liable for injuries or damages caused by the drunken person."  

I'm assuming the plaintiff will paint a picture that Max was well known there, known to have problems with alcohol, and that the staff knowingly served him under these conditions. 

We will see...

Steve Guidry
steve@calmbarsafety.com 
@steveguidry


Library Bar changes name, gets sued over slaying of Deandre Wilson (Denton, TX)

DeAndre Wilson’s mother, Stephanie Coleman, is taking the Library Bar to court which is now under new ownership. According to documents from the Witherspoon Law Group, Coleman claims gross negligence and lack of security at the bar among other things.

As of Jan. 10, 2017, Coleman filed an “original petition and request for disclosure against Library Bar Inc., aka The Local 109.” The claims on the document assert that the Library Bar did not have proper security measures to prevent the murder of Wilson. The document states that the Library failed to provide “adequate security including but not limited to video cameras, mirrors, licensed security guards, bouncers, and metal detectors.”

“Library Bar is commonly known as a place where students and other locals go to get drunk. Based on such information, Library Bar through its agents knew or should have known that adequate security measures were necessary to prevent the types of incidents made the basis of this lawsuit,” the document says. “Library Bar is the legal owner of the premises and had a duty to provide security at the premises to prevent harm to invitees, namely DeAndre Wilson.”

It also claimed that an unnamed bartender working that night “knew the shooter and was aware of his violent propensities.”

The document also claims damages for “lost earnings and net accumulations,” “funeral and burial expenses,” “mental anguish,” “the past and future loss of companionship,” “the past and future mental anguish suffered by the Plaintiff as a consequence of the decedent’s injuries and death,” “punitive and exemplary damages,” and “all recoverable survival and wrongful death damages on behalf of the Plaintiff and the Decedent’s estate.”

Coleman’s attorney could not be reached for comment at the time of this report and a court date has not yet been established.

The current owner of Local 109 said he did not know about the lawsuit, and that it should be handled with the previous owner. William Kuhn, the previous owner, could not be reached for comment.

The Shooting

Rewind to the wee hours of Dec. 20, 2016 on Fry Street. Shots were fired, and 2009 Denton Guyer grad DeAndre Wilson was shot in the head just outside the Library Bar.

An altercation between Deandre Wilson, his friend and three other men early that morning lead Hanyel Leon Gomez to pull out his handgun and shoot him, police said. Gomez fled the scene in a silver car but was arrested later that afternoon by Denton police.


DeAndre Wilson’s Facebook profile picture

Hanyel Leon Gomez, 21, was identified after police spoke with multiple witnesses. He is charged with murder and awaits arraignment at Denton County jail.

Since then, the bar has remained closed. The marquee sign has been taken down, and construction crews in-and-out doing work. Students and Fry Street regulars began to wonder what will happen with the space.

A new name

Local 109 will open around Feb. 28 in time for Mardi Gras.

Mitchell Wilson, one of the owners of Shots and Crafts, Tom’s Daiquiri, Public House and now Local 109, said that the acquired the space that the Library Bar was in before the shooting occurred.

“We took over and had the desire to change things up, it had nothing to do with past issues,” Wilson said. “It is a different concept cocktail bar, with a more trendy name in a new direction.”

Wilson said that the shooting of DeAndre Wilson had nothing to do with the name change and facelift.

“We were planning on taking over before, it was terrible situation, but at the end of it, it was the direction we were already going,” Wilson said. “It will be good for Fry Street, will be different. There is not too much like this.”

The vibe at Local 109, Wilson said, is to make it a place where people can either start or end their nights at and have conversations over a nicer drink.

Wilson said that he and his partners bought the Library Bar in early December, and officially took over the bar Jan. 1.

Named after the address, 109 Ave. A, Local 109 will feature up to 50 new cocktails crafted by by the owners who will be hands-on during the first few weeks of opening.

Wilson said the cocktail bar will have a catch to it, it is trendier sounding with specifically local ties to Denton and the college town. Wilson wants college students to drink local and spend their dime local, as well as find entertainment local.

Although the bar has been closed down, Wilson said that all employees are eligible for rehire and they will be taking applications until the end of the month.

“We have been in contact with those employees, and our desire to fix the place up. It will be tough for us, because we do things differently than previous owner, he may have done things differently,” Wilson said. “It will be fun stuff that isn’t readily available on Fry Street. The fun part is trying new drinks.”

Featured Image: The bar on Fry Street formerly known as The Library Bar was the scene of a fatal shooting this past December. The bar is currently undergoing renovations. Jake King. [sic] http://ntdaily.com/library-bar-changes-name-gets-sued-over-slaying-of-deandre-wilson/




Tuesday, January 17, 2017

Skooter’s, Wardog & Brother Sued Over Alleged Closing Time Beating (Joliet, IL)

The Skooter’s bouncer and his brother are free on bond but face a felony case.

JOLIET, IL — Troubled Shorewood watering hole Skooter’s Roadhouse, one of its bouncers and the bouncer’s brother have been sued by a Plainfield man police said was brutally beaten after closing time last year.

Nate Stanick filed his lawsuit against Skooter’s, Michael “Wardog” Reid and Nicholas Ventsias in Will County court.

Reid, a 22-year-old mixed martial arts fighter, was working as a bouncer at Skooter’s and Ventsias, whom police said is either his half brother or stepbrother, was hanging out at the bar in February, according to both the cops and the lawsuit.

Ventsias was intoxicated, and he and Stanick “engaged in a verbal exchange outside the bar,” the lawsuit said.

Stanick “retreated from the altercation and got into his friend’s vehicle,” the lawsuit said, then headed to the Burger King down Jefferson Street from Skooter’s. Reid and Ventsias followed Stanick and his friend, both police and the lawsuit said, and attacked them outside the Burger King.
Get free real-time news alerts from the Joliet Patch.

Stanick’s friend, who was also beaten, was identified in court papers as Dominick Foley. Reid was charged with stealing Foley’s cash.

Police said Stanick was beaten so badly that it seemed he might die. Reid and Ventsias left him unconscious, according to the lawsuit.

Reid and Ventsias were jailed on charges of aggravated battery and mob action. Reid was also charged with robbery.

Reid was released from jail on bond in July. His bond had been reduced from $1 million to $500,000. Ventsias was released in November. His bond had been reduced from $750,000 to $375,000, and then knocked down to $50,000.

The lawsuit is just the latest of in a long line of scandals to beset Skooter’s. The country and western themed bar has just come off a four day shutdown ordered by the village for improperly offering drink specials. Prior to that, a customer ringing in 2016 threw a bottle at a bartender’s head to get his attention. A Shorewood woman was charged with a barroom stabbing at Skooter’s. A California ice cream man hit a cop at Skooter’s. A Blue Island man allegedly punched a bar bouncer, ran around the neighborhood and then put on a performance at the police station. And even Skooter’s owner supposedly got knocked around by an unruly customer.

via http://patch.com/illinois/joliet/skooter-s-wardog-brother-sued-over-alleged-closing-time-beating

Color Commentary by Steve Guidry:  Oh boy...

Strike one:  Your bar name has the word "Roadhouse" in it.

Strike two:  Your bouncer's name is "Wardog".

Strike three:  MMA fighter = bouncer = that was probably his only training.  "Oh yeah, you're a 'UFC' fighter?  Great.  You can do security."  

Strike four: Reid and Ventsias followed Stanick and his friend, both police and the lawsuit said, and attacked them outside the Burger King.

Strike five: Reid was charged with stealing Foley’s cash.

The venue's only help will be if they have policies in writing, and their case will be that the employee directly disobeyed training and policies surrounding altercations. Beyond that, they have an employee who chased a guy in his car and nearly killed him...ouch. 

For more information about increasing hospitality safety and sales, please visit www.calmbarsafety.com or www.calmuniversity.com...or email me and I'd be happy to speak with you. 

Steve Guidry
steve@calmbarsafety.com
@steveguidry  

Saturday, January 7, 2017

Lawsuit: Restaurants over served alcohol to man in 2015 South Lubbock crash (Lubbock, TX)

Two Lubbock families involved in a June 2015 crash of a vehicle into a house are suing the owners of three restaurants, saying their employees overserved the driver of a pickup truck that plowed into a South Lubbock home.

According to a lawsuit filed Dec. 29 in the 237th District Court, the Reyna and Castro families are seeking more than $1 million in damages against the owners of Ruby Tequila’s Mexican Kitchen, Chimy’s Cerveceria and the Blue Mesa Grill, accusing them of negligence.

The families believe 33-year-old Michael Wayne McKay and a friend went to the three restaurants on the afternoon of June 17, 2015, where they consumed alcohol to the point of intoxication, the lawsuit states. The families accused the restaurant owners of acting negligently by violating the Texas Alcoholic Beverage Code when they served alcohol to McKay “even though it was apparent to (the businesses), through its employees, that McKay was obviously intoxicated to the extent that he presented a clear and present danger to himself and others.”

Court records show the lawsuit the families filed against McKay in 2015 is in court-ordered mediation.

In that suit, the families sought records from the owners of Blue Mesa, including surveillance footage from the day of the crash, McKay’s bar tab, employee records and records of violations the restaurant received. Lawyers for the restaurant objected to the request except for McKay’s purchase records.

Lubbock police arrested McKay, a former Big Spring firefighter, near the intersection of 93rd Street and University Avenue after responding to a crash by a vehicle into a house.

Investigators believe McKay had a blood alcohol content of 0.295 percent when he drove his pickup truck southbound in the 9200 block of University Avenue, rear-ended a 2008 Ford 500 then veered to the east and collided with a home in the 2400 block of 93rd Street where a family of four were sleeping.

Michael Reyna, the lawsuit states, was paralyzed from the waist down after the crash. Celeste Reyna suffered a shoulder injury that required surgery. The couple’s children, one of whom was sleeping in a crib when the truck crashed into the home, suffered bruising and wounds.

Ricky and Patsy Castro, who own the home, are seeking damages to cover the cost of repairing their property.

A Lubbock County grand jury returned an indictment against McKay in November 2015 for aggravated assault causing serious bodily injury — a second-degree felony punishable with two to 20 years in prison. Prosecutors are accusing McKay of injuring the Reynas while recklessly operating his truck by failing to drive properly and driving after drinking alcohol.

McKay is out on bond and is required to install an ignition interlock device his vehicle [sic].

via http://lubbockonline.com/local/2017-01-06/lawsuit-restaurants-over-served-alcohol-man-2015-south-lubbock-crash


Color commentary by Steve Guidry


Friday, January 6, 2017

Wrongful death lawsuit filed against DJ and Akron bar in assault that left another man dead (Akron, OH)

The family of an Akron man who died after being punched in the head in an Akron bar has filed a wrongful-death lawsuit against the DJ convicted of the assault and the bar’s owners.

Stacy Ryan, the wife of Forrest Ryan, filed the lawsuit late Friday afternoon in Summit County Common Pleas Court, about a week after DJ Robert Jarvis was sentenced to four years in prison for the assault. The suit is against Jarvis and the Zodiac Club, where the assault occurred last January.

“He left behind two children who no longer have a father,” said Megan Frantz Oldham, a Canton attorney representing the Ryan family.

Jarvis, 65, of Akron, was working at the Zodiac Bar, 1955 Triplett Blvd., just after midnight Jan. 8, 2016, when he assaulted Ryan, 43, of North Canton, on the bar’s patio.

Jarvis pleaded guilty in November to involuntary manslaughter, a first-degree felony, under an agreement with prosecutors. Judge Todd McKenney sentenced Jarvis to four years in prison when he faced up to 11 years. Jarvis plans to request an early release when he is eligible in six months.

A video of the incident, obtained by the Beacon Journal from the Summit County Prosecutor’s Office after Jarvis’ sentencing, shows Ryan walk into the bar’s patio. Jarvis walks in and says something to Ryan — the video has no audio — and then Jarvis punches Ryan in the head three times.

Jarvis then throws Ryan into two sets of tables on the patio, jostling other bar patrons and their belongings. The patrons separate the two men. Ryan pauses a moment and then collapses onto the cement floor. Jarvis leaves the patio and the patrons cluster around the unresponsive Ryan.

Ryan was pronounced dead at 12:46 a.m. The Summit County Medical Examiner’s Office found that he died from blood and swelling in his brain caused by “blunt force trauma,” according to the lawsuit.

Oldham said the video likely will be an important part of the evidence in the lawsuit, especially because it shows that Ryan did nothing wrong, not even fighting back or throwing a punch.

“It’s amazing to see someone living his life who has no idea what is about to happen,” she said.

The lawsuit says Jarvis purposely injured Ryan and that the bar failed to provide a safe environment for Ryan and other patrons. The bar had four criminal incidents involving patrons or employees before Ryan’s assault, Oldham said.

Ryan’s family is seeking compensation for medical expenses, funeral and burial costs, lost support for his wife and one adult and two young children and punitive damages and attorney fees.

Oldham said it is difficult to put a price tag on these losses. She expects the lawsuit to take a year to a year and a half to conclude if a settlement isn’t reached.

Mike Callahan, Jarvis’ attorney in his criminal case, said Jarvis was anticipating the wrongful-death lawsuit. The attorney said he will share the suit with Jarvis and his family.

The lawsuit also names Bertison Enterprises in Akron, which owns the bar, and Clara Ann Masiella, the bar’s landlord.

The attorney for the Zodiac bar and the bar’s owner and landlord couldn’t be reached for comment Friday evening.

Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com.

via: http://www.ohio.com/news/local/wrongful-death-lawsuit-filed-against-dj-and-akron-bar-in-assault-that-left-another-man-dead-1.738635


Color commentary by Steve Guidry: Interesting...

First of all, the four "prior criminal incidents" mean nothing to me, but should be explored.  What types of crimes were they?  When did they happen?  How long in between each incidents?   Again, they really have little to no merit, but need to be asked. 

The most crucial piece of defense I would want in this case if I were the bar owner:  Written policies in place, signed and dated by all employees.  First, the DJ assaulted a customer, which is a crime.  No business would condone a criminal act and how could you be held accountable for the random, criminal act of an employee---unless it was foreseeable.

Was it foreseeable?  Who was the DJ (Jarvis)?  Was the DJ on the books?  Was there a criminal background check done on him?  Did he have a history of violence?  

Was the venue reckless?  Did they allow employees to drink? Was the DJ drinking?  Did the venue allow it?  Did Jarvis and Ryan have history?  Did the venue know that? You see where I'm going with these?   

This is just the tip of the iceberg...and I'd love to see information about this case...ask the right question and you may open the right door, that is if you're the plaintiff. 

Steve 
steve@calmbarsafety.com
@steveguidry

Monday, January 2, 2017

Slain woman's family lawsuit against restaurant can continue (Cleveland, OH)

CLEVELAND — A judge says a wrongful death lawsuit can continue in the case of a woman fatally shot by her husband along with her two daughters at a Cleveland-area restaurant.

The 2012 lawsuit against Cracker Barrel was filed by the brother of Katherina Allen, who was shot in April 2012 at the restaurant in suburban Brooklyn, Ohio.

The lawsuit alleges the restaurant failed to protect Allen and her two daughters, Kerri and Kayla, from Allen's husband Kevin Allen.

Cleveland.com reports (http://bit.ly/2hDetyw ) that Cuyahoga (ky-uh-HOH'-guh) County Judge Janet Burnside last week denied a request from the restaurant chain to end the case.

Cracker Barrel argues the company and its employees bear no responsibility for the "unforeseeable" shooting.
A trial is scheduled for March.


via http://www.whio.com/news/local/slain-woman-family-lawsuit-against-restaurant-can-continue/FH10izwr5ka5AxHu5OrZcN/

Color commentary by Steve:  I would love to see the details of the incident, but right out of the box, I'm with Cracker Barrel on this one...these people serve comfort food in a family environment.  Shootings, especially unforeseeable shootings, aren't common here and shouldn't be their responsibility...and these people aren't trained to handle this for god's sake.  Best guess like many lawsuits, it's what lawyers do...they sue, they look for insurance policies, and play the numbers game.

But again, I haven't see the case, just my two cents.