Thursday, March 30, 2017

CPD releases statement about Five Points assault captured on video (South Carolina)

COLUMBIA, SC (WIS) -A University of South Carolina student wants action after he says he was viciously attacked outside a Five Points bar St. Patrick's Day weekend.

According to a Columbia police report, Ryan Chisolm says he was making sure his friend wasn’t involved in a fist fight when he was pushed outside of the bar by security.

Chisolm, a 21-year-old IT major, says that’s the last thing he remembers before being slammed to the ground. Video of the incident, which surfaced online, helps tell the story.

A University of South Carolina student says he was viciously attacked and choked unconscious outside of a Five Points bar and now he’s calling for justice.
wis10 Mar 28

Two 10-second Snapchat clips show Chisolm being placed in a chokehold by a white man wearing a white blazer with green clovers. The man kept the chokehold until Chisolm passed out, then tossed him to ground.

"It’s not a good feeling, I lost air. I thought I died," Chisolm said. "When I woke up I didn’t know I hit the ground. I was just bleeding. Blood all over me. It’s hard to watch. I get emotional and nobody helped."

Chisolm said he had never seen the man who attacked him until he regained consciousness at the hospital. That stranger, though, is now a part of his life every day as he is reminded of the painful injuries he now has to deal with.

“All my teeth when it hit the concrete, it just got pushed up in my gums. It looks like my teeth aren’t there but they’re pushed up in my gums. One tooth is actually fractured and I have to get that removed," Chisolm said. "I fractured my jaw, that night in the hospital, I got about 13 to 14 stitches inside of my mouth, outside of my jaw, under my chin."

Chisolm is scheduled to graduate in December, but he says the incident has put his school career on the line.

"I’m on pain medicine, sometimes I get a little droopy. I can’t stay up to do my work. I can’t drive while on the medicine," he said.


via http://www.wistv.com/story/35010580/usc-student-attacked-at-five-points-bar

Wednesday, March 29, 2017

Family sues bar that served man involved in fatal December crash (South Carolina)

A lawsuit has been filed against the Boiling Springs Ale House in connection to a DUI-related crash that left two teenage girls dead and one injured in December 2016.

The suit, filed on behalf of one of the crash victims, claims that the restaurant over-served Hollis Brock Jr., 48, of Inman, who was charged with two felony counts of DUI resulting in death and one count of felony DUI resulting in great bodily injury.

The crash occurred Dec. 23, 2016 when investigators said Brock was driving on Highway 9 near Blackstock Road and crossed three lanes of traffic, striking another vehicle head-on. The crash killed 19-year-olds Kortlynn Brianna Smith and Melissa Marie Frilot. The collision also injured 19-year-old Daisy Byrd. All three were Chapman High School graduates.

Brock was arrested after authorities said they found him walking away from the crash site intoxicated. Prosecutors have said he failed a field sobriety test when officers caught up to him about 100 yards away.

The suit was filed March 20 on behalf of Jason Smith, who represents Kortlynn Smith.

It states that the restaurant continued to serve Brock even though he was already intoxicated and made no attempt to help Brock home without him having to drive himself.

The family requests a jury trial to determine monetary damages based on funeral and medical expenses, as well as the mental shock and suffering based on Kortlynn Smith’s death, according to the suit.

“They have in the past, and will forever, be caused grief and sorrow because of the loss of Kortlynn Brianna Smith’s love, society, and companionship,” the suit states.

A Boiling Springs Ale House representative could not immediately be reached for comment Monday.

via http://www.goupstate.com/news/20170327/family-sues-bar-that-served-man-involved-in-fatal-december-crash

Monday, March 27, 2017

Upstate bar over-served man before deadly wreck, lawsuit claims (Greer, SC)

A Spartanburg County bar has been sued, by the estate of the victim of a fatal wreck.

Kortlynn Smith and Melissa Frilot were killed in December of 2016 by a driver that was heavily intoxicated, according to Highway Patrol.

Hollis Brock was charged with two counts of felony DUI resulting in death, along with other crimes.

Solicitor Barry Barnette said Brock crossed four lanes and hit the victims’ car head on. Brock walked about 100 yards from the scene, severely drunk, and did not notice that his neck was broken, Barnette said.

Barnette said deputies had to keep Brock from leaving the scene.

The estate of Kortlynn Smith is alleging that Brock was over-served at Boiling Springs Ale House, before the fatal wreck.

The lawsuit claims the following, that the Ale House served alcohol to an intoxicated person, that the bar made no attempts to help Brock get home without having to drive himself home while drunk, that they failed to get Brock a sober driver, and failed to train their employees to recognize a sober person.

The estate is looking for costs for funeral expenses and emotional damage.

To read the lawsuit, click here: Boiling Springs Ale House lawsuit

via http://wspa.com/2017/03/27/upstate-bar-over-served-man-before-deadly-wreck-lawsuit-claims/

Friday, March 24, 2017

Buffalo Wild Wings sued over violent restaurant brawl during NFL game (Los Angeles, CA)




Buffalo Wild Wings was sued by two customers who allege that poor security allowed them to be beaten by a pair of other guests during a brawl outside the Downey location in 2015.

Jose Alcantara and James Cerda filed the lawsuit Wednesday in Los Angeles Superior Court against Buffalo Wild Wings Inc., the Stonewood Center, Allied Barton Security Services LLC, hired by BWW to provide security, and the alleged assailants, Gabriel Fuerte and Josue Garcia.

The allegations include negligence, assault and battery. The plaintiffs seek at least $1 million in damages.

Downey police previously said they went to the BWW in the Stonewood Center on Firestone Boulevard at about 1:20 p.m. Sept. 20, 2015, after a fight broke out. They later released images of two men depicted who were seen kicking another man who was lying on the ground.

Dave Amaro, who provided video of the altercation and a statement to ABC7, said a 49ers fan attacked a Steelers fan as they watched Sunday’s football game, and the fight then spilled outside of the restaurant.

The plaintiffs’ attorney, William Hertz II, could not be reached for comment on if the fight depicted in the video involved either of his clients.

According to the lawsuit, the plaintiffs were present at the restaurant when an argument broke out between guests that threatened their safety. The confrontation moved outside and both plaintiffs were thrown to the ground and beaten by Fuerte and Garcia, the suit states.

No one intervened to help Alcantara and Cerda, the suit states.

BWW management should have known that Allied Barton security guards were inexperienced, unfit and not properly trained, the suit alleges.

–City News Service

via http://mynewsla.com/business/2017/03/23/buffalo-wild-wings-sued-over-violent-restaurant-brawl-during-nfl-game/

Lawsuit filed over fatal shooting at Markham nightclub (Chicago, IL)

The aunt of a 26-year-old man who was killed at the former Adrianna's nightclub in Markham two years ago has filed a lawsuit alleging club officials knew it attracted a dangerous crowd but failed to take steps to ensure customers' safety.

Christopher Hooper was shot and killed at Adrianna's in March 2015 while attending a performance by hip-hop artist Future. His aunt, Jennel Hooper, filed a lawsuit in Cook County Circuit Court against the club Tuesday. Another lawsuit, filed against the club earlier this month on behalf of Kamau Tammu Mason, alleges Mason was "trampled by a stampeding crowd of patrons" after gunshots were fired.

"Christopher Hooper's death is a tragedy that could have and should have been prevented," attorney James J. Gay, who is handling Hooper's lawsuit, said in a statement. "This suit was filed to bring justice to Christopher's family, including his 5-year old son who will now grow up without a father."

The Daily Southtown previously exposed a long history of violence at Adrianna's before the club was renamed and apparently taken over by new ownership. Under the name Adrianna's, the nightclub saw at least eight people shot, two fatally, between Christmas Eve 2010 and July, police and court records show.

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The popular club was renamed Stadium Plus last summer, but closed in October after police fatally shot a man outside the nightclub. Police, who had responded to calls of fights in the club's back parking lot, said at the time he threatened them with a weapon.

A Southtown investigation found that Markham had not cited Adrianna's for anything worse than using a fire hydrant without permission. Instead, the city gave the property developers more than $900,000 in tax breaks.

Another person shot at troubled Markham nightclub Adrianna's

Markham Mayor David Webb Jr. also spent at least $127,000 in campaign funds at Adrianna's banquet hall, records show.

Hooper's and Mason's lawsuits are not the first two to name Adrianna's — at least nine others have been filed against the club over the years.

Both lawsuits were filed against Adrianna's and corporate entities alleged in the lawsuit to be connected with the club or property. They also name Alicia Finlay and Ron Finlay, who are officials tied to the club.

Alicia Finlay, who was listed as "secretary" on an Adrianna's liquor license and who signed a redevelopment agreement with 163rd and Dixie Highway, did not respond to requests for comment. A woman who answered her phone referred questions to a phone number belonging to Ron Finlay.

Ron Finlay, who is listed as a landlord for Adrianna's on liquor license applications and is identified in separate court records as the club's owner as well as its general manager, declined to comment.

Hooper's lawsuit alleges that the defendants "knew that the nature of its business, its past history of criminal activity on the premises, its hours of operation and the location of the premises attracted a dangerous clientele with gang affiliations and that numerous shootings had taken place on the premises, including in the building and parking lot following altercations that began in the premises."

Still, the lawsuit alleges, the defendants "took no affirmative steps to increase its security, properly train its security personnel, provide proper lighting on its premises, or to take other reasonable steps to ensure the safety of its patrons once violent confrontations became imminent." The lawsuit lists a series of "negligent acts or omission" it alleges Adrianna's and the other defendants may have failed to take.

Troubled Markham nightclub remains open despite violent record

Mason's lawsuit alleges that before the "stampede" that left him injured, "defendants were aware it attracted a crowd with a propensity for violence and heavy drinking." It, too, lists a series of steps it alleges Adrianna's and the other defendants may have "carelessly and negligently" allowed or failed to take.

"As a result of the prior crimes, lawsuits, complaints and type of crowd attracted to defendants' establishment, defendants knew or should have known of the risk of criminal action at the club," the lawsuit states.

An attorney for Mason did not return a message seeking comment.

Via http://www.chicagotribune.com/suburbs/daily-southtown/news/ct-sta-adriannas-markham-lawsuits-st-0324-20170323-story.html

Thursday, March 23, 2017

Frankfort Bar Sued for Role in 2016 DUI Death (Frankfurt, IL)

FRANKFORT, IL - A bar in Frankfort has been sued for its alleged role in the death of a 35-year-old man who was struck and killed by a drunk driver last year.

The Chicago Sun-Times reports the family of Justin Grannon filed a lawsuit in Cook County Circuit Court last week against the driver as well as the Aqua Lounge, the Lincoln Highway establishment accused of serving Nathan R. Maslan alcohol before the Aug. 20, 2016 crash near 80th and North avenues in Frankfort. The crash resulted in serious injuries for Grannon, who died later at Advocate Christ Medical Center in Oak Lawn.

Grannon, who lived in Frankfort, was walking when he was struck by the 2105 Jeep Cherokee allegedly driven by Maslan, who faces charges of aggravated driving under the influence and reckless homicide.

The wrongful death lawsuit - filed by Grannon’s mother, Theresa Kolkau - claims Maslan did not keep a proper lookout and negligently operated his vehicle, according to the Sun-Times report.

Damages are also sought against Aqua Lounge under the Dram Act for selling alcohol to Maslan.

via http://patch.com/illinois/frankfort/frankfort-bar-sued-role-2016-dui-death

Thursday, March 16, 2017

Parents of slain Dutch Fork student sue Cook Out restaurant due to negligence (Lexington, SC)

LEXINGTON, S.C. (WACH)-- The parents of Da'Von Capers, the teen who was stabbed to death in 2014 in a Lexington restaurant parking lot, have sued the restaurant for not providing better security.

The lawsuit alleges that the Cook Out in Lexington failed to call law enforcement and failed to have security at the restaurant knowing that students would be at the restaurant prior to the rival game of Dutch Fork High School and Lexington High School.

"Cook Out had no security personnel and no additional staff at the restaurant that evening," according to the lawsuit.

Laronzo and Charlene Capers also argue that the employees of the restaurant went out into the parking lot anticipating a fight and did not call law enforcement or take any steps to diffuse the escalating confrontations.

The family allege that the managers at the eatery "knew or should have known" that numerous students from the schools would be arriving after the game and that "tensions between the students would be high," being that the schools were rivals.

They argue that Cook Out "took no steps to disburse the crowd or dismiss those loitering and causing tension among the customers."

The Capers' also sued Kierin Dennis, a 2014 graduate of Lexington High School, who stabbed their 17-year-old son.

Dennis, who was a recent graduate at the time of the killing, said he stabbed Capers in self-defense.

Dennis said he was in his car at the Lexington restaurant and was surrounded by students from Dutch Fork, including Capers.

Dennis admitted to stabbing Capers as he feared for his life when Capers stood by his driver's side window because he thought he was a threat, and then drove away.

Todd Rutherford represented Dennis in his criminal trial and argued that his client felt he was in immediate danger and was acting in self-defense.

The main issue in the trial was whether Dennis or Capers was the aggressor.

During the seven day trial, the jury heard from several witnesses and viewed numerous videos showing where Dennis stabbed Capers in the liver and heart.

One student testified during the trial saying that Dennis said, “Meet us at Cookout. We got something for y’all.”

Witnesses during the trial also argued that Capers did not make any hostile moves towards Dennis as he was standing outside of the car.

Neither of the men knew each other prior to the fatal incident.

via http://wach.com/news/local/parents-of-slain-dutch-fork-student-sue-cook-out-restaurant-due-to-negligence

Wednesday, March 15, 2017

Man shot during ‘Tickle Me Tuesday’ sues After 5 Sports Bar & Grill (Atlanta, GA)

More than a month after being shot during a “Tickle Me Tuesday” event, a Columbus man filed a lawsuit against After 5 Sports & Grill in early March accusing the owners of negligent security.

“They haven’t made any effort to make things right,” said Attorney David Ballard, a partner with Humphrey & Ballard Law LLC in Atlanta. “We’ve tried to contact them via email, certified letters and telephone. Nobody has gotten back to us. So at this point, the only thing we can do is put it in the hands of the justice system.”

Jason Hammonds of Columbus was dancing after the Jan. 24 comedy act at “Tickle Me Tuesday” when he heard a lot pop around 11:30 p.m. He said he immediately felt a pain in his leg, but he didn’t know it was a gunshot wound until later that night.

“When the pop went off, everybody heard it,” said Hammonds, who has been a regular at After 5 Sports & Grill for about four years. “Everybody ran. If you were on stage where I was, you took off running the opposite way.”

Hammonds said he also ran to the back of the club wounded. Many of the guests were ducked under tables while some were filming on their cellphones, according to his account of the incident.

Hammonds drove home to his wife and showed her the wound. She told him it was a bullet wound, and he had his father drive him to Midtown Medical Center for treatment.

Columbus police were called to the hospital around 1 a.m. Jan. 25 to speak with Hammonds. He was released from the hospital about two days later, but he will undergo surgery at a later date to have the bullet removed from his leg.

No one has been arrested in connection with the shooting as of Wednesday afternoon.

Hammonds said he expected someone with the club to reach out to him after the incident at 1836 Midtown Drive.

“I really just feel like they didn’t care,” Hammonds said. “They haven’t reached out. No contact. I think it could have been done totally different.”

Attorney Desmond Humphrey, who represents Hammonds, filed a lawsuit on March 3 accusing club owners Linda and William Jackson of providing inadequate security.

Humphrey confirmed there were security guards standing in the front of the business patting down people for weapons in addition to a sign tell customers that weapons aren’t allowed. He said the owners failed to “adequately maintain the entrance of the establishment” and “provide adequate security to patrol and check for weapons.”

“This big issue when you talk about negligent security is foreseeability,” Humphrey said. “These establishments have to protect against foreseeable harms, and the foreseeable harm here is being shot.”

The lawsuit requests that the owners recover Hammonds’ medical expenses, recover his mental anguish and recover “other relief as as is just and proper to compensate for the negligence.” No specific amount is listed, but Humphrey said Wednesday morning that he expects to sue for more than $1 million.

“At this point, it’s not really a dollar figure that we’re looking for,” Humphrey said. “More so, it’s for pain and suffering.”

Multiple attempts by the Ledger- Enquirer since March 3 to reach the Jacksons were unsuccessful.

via http://www.ledger-enquirer.com/news/local/crime/article138701223.html




Read more here: http://www.ledger-enquirer.com/news/local/crime/article138701223.html#storylink=cpy

Friday, March 10, 2017

Police find insufficient evidence to charge bartender who served driver before fatal crash (Santa Fe, NM)

A New Mexico State Police report says investigators didn’t find enough evidence to charge a bartender at a popular Santa Fe restaurant with overserving a drunken driver involved in a wrong-way fatal crash on Interstate 25.

The late-night crash in September occurred two hours after Clara Avina had her last drink at PC’s Restaurant & Lounge, “greater than the 90-minute rule for presumptive evidence needed” to show the bartender had violated the state Liquor Control Act, the report says. It also says a toxicology test found that Avina had cocaine in her system, a contributing factor in the fiery collision near Eldorado that killed her and 23-year-old Anton Gress.

The New Mexican obtained the state police report this week from the state Department of Public Safety.

Investigators have said Avina, 43, had a blood-alcohol level of 0.29 — more than three times the legal limit — when she was driving her Chevy Tahoe south in the northbound lanes of I-25 late Sept. 24 and crashed into Gress’ Volkswagen Tiguan. Several witnesses reported seeing Avina at PC’s, an Airport Road bar, earlier that night, according to a Santa Fe County Sheriff’s Office report.

The sheriff’s office investigated the crash but didn’t look into whether staff at PC’s had overserved Avina.

After details from the crash report appeared in The New Mexican, the state Regulation and Licensing Department, which oversees establishments that serve alcohol, called for an investigation into the restaurant.

State police officers then reviewed surveillance video from PC’s and spoke to one of Avina’s relatives, the bartender who had served her and the restaurant’s owner. The bartender told police that when Avina arrived at the bar, she didn’t seem intoxicated, according to the new report. It also says that Avina had two Corona beers and a “small glass of spirits,” which another report described as a shot of whiskey.

While the bartender won’t face criminal charges in the crash, Gress’ parents have accused the restaurant in a civil lawsuit of negligently serving alcohol to Avina after she was intoxicated. The lawsuit also names the state Department of Transportation, saying the agency failed to make safety improvements to I-25, including at the U.S. 285 interchange near where Gress and Avina died.

Surveillance camera footage from PC’s shows Avina arriving there around 8:20 p.m. Sept. 24 and ordering two beers and a shot of whiskey in the span of an hour and 10 minutes, according to the sheriff’s office report. Video also shows her stumbling on her way to the restroom around 9:30 p.m., the report said.

One customer who spoke with deputies described Avina as already “buzzed” when she entered PC’s.

And when Avina left the restaurant with a man around 9:40 p.m., the restaurant’s owner told investigators, another customer mentioned that she seemed intoxicated.

The man who left with Avina, Fidel Delgado, told investigators he offered to drive her home in her SUV because she was “totally ripped.” Before taking her home, however, Delgado drove the two to a gas station in Avina’s Tahoe and went inside the convenience store to buy beer. While he was gone, she drove off, according to the sheriff’s office report.

It’s unclear how Avina ended up traveling south in the northbound lanes of I-25 or why she was driving near Eldorado.

Around 11:30 p.m., investigators say, she smashed into Gress’ Tiguan. Gress was on his way home after working a bartending shift at Izanami, a restaurant at Ten Thousands Waves spa and resort on Hyde Park Road.

The Tahoe burst into flames, which spread to the Tiguan.

Avina died on impact in the crash, according to a toxicology report and autopsy. Rescuers were unable to free Gress, who also died at the scene.

via http://www.santafenewmexican.com/news/local_news/police-find-insufficient-evidence-to-charge-bartender-who-served-driver/article_755e2416-150f-5317-beb6-f61fecceac4c.html

Thursday, March 9, 2017

Man hurt in suburban club shooting suing alleged gunman, owners (Chicago, IL)

A man who was wounded in a south suburban Blue Island nightclub shooting last year has filed a lawsuit against the owners of the club, a promoter and the accused gunman.

Officers responded to a call of shots fired about 1 a.m. at the Premium 127 Club at 1859 W. 127th Street, according to a statement from Blue Island police and the Cook County medical examiner’s office. The shooting killed Michael Goldsmith, 27, of Chicago, and wounded another man.

Anthony D. Timberlake, 21, was charged with first-degree murder, aggravated discharge of a handgun and felony mob action for the shooting, Cook County court records show.


Anthony Timberlake | Cook County sheriff’s office

Henry Bays, who was wounded in the shooting, is seeking more than $150,000 in a three-count suit filed on Thursday in Cook County Circuit Court.

The shooting happened because the club allowed a then-underage Timberlake to become intoxicated at the bar and then asked him to leave when he “became loud, boisterous and eventually violent,” according to the suit. Timberlake later returned to the club and fired shots inside, at least one of which struck Bays.

Bays is seeking at least $50,000 in damages for battery from Timberlake for shooting him. Additionally, Bays seeks more than $100,000 from the club’s owners and a promoter for allowing Timberlake to drink and become intoxicated at the club, and for not providing adequate security.

Timberlake remains held on $1.5 million bail at Cook County Jail, sheriff’s office records show. He was expected to next appear in court on March 31.

A representative for Premium 127 could not immediately be reached for comment on Thursday night.

via http://chicago.suntimes.com/news/man-wounded-in-suburban-nightclub-shooting-suing-gunman-owners/

Wednesday, March 8, 2017

Mom Sues Drunk Driver, Restaurant Who Served Him Related To Daughter's Death In North Austin (Austin, TX)

NORTH AUSTIN, TX — A woman is suing a man who was driving drunk when he slammed into her late daughter's car and the restaurant she alleges served him alcohol excessively, according to a news report.

Maleeca Smith, 20, was killed at close to 2:30 a.m. on April 2015 in North Austin on Gracy Farms Lane and Burnet Road, KXAN reported. Police determined Shawn Amende, 26, was driving drunk when he ran a red light and slammed in her car after having had drinks at the Casa Chapala Mexican Grill eatery.

The victim was pronounced dead at the scene. A passenger in Amende's car at the time also was severely injured but survived.

The victim's mother, Measha Smith, claims in her lawsuit claims Casa Chapala staff served Amende alcohol despite having been spotted unconscious on a table earlier, the news station reported. At the time of her death, Maleeca was a sophomore at the University of Texas at San Antonio who had come to Austin to visit her mom and sister for the weekend.

Officials at the restaurant being accused of improperly serving alcohol to Amende did not immediately return a call for comment.
An obituary in the All Faiths Funeral Services website described Maleeca as something of a "social butterfly" who was distinguished by her radiant smile. "She was an example of a person who has a gentle and quite spirit," the obituary reads. "She was very caring and respectful. She was known for her beautiful smile. Although she was tiny in size, she had a big personality."

via http://patch.com/texas/north-austin/mom-sues-drunk-driver-restaurant-who-served-him-related-daughters-death-north

Tuesday, March 7, 2017

Woman sues Mason City bar after motorcycle accident (Mason City, IA)

MASON CITY | A woman who was injured when the motorcycle she was riding was hit by a drunk driver in Mason City has sued the Willow Run Lounge for allegedly serving alcohol to the driver before the accident. 
Nicole L. Sharaff, 42, a former Mason City resident now living in West Des Moines, was a passenger on a motorcycle operated by Jefferson Davis Sr. on Nov. 22, 2014.

RELATED

The lawsuit states Davis was entering the intersection at Highway 122 and South Pierce Avenue when Victor Rivera, 49, Mason City, failed to yield the right of way and pulled out in front of the motorcycle, causing the crash.  
Davis, 43, Mason City, was killed. 
Rivera admitted to having six or seven beers in the hours before the accident, according to court documents.
He repeatedly refused to submit to testing to determine if he was intoxicated at the time of the accident, forcing officers to get a search warrant for a blood test. The test was completed at Mercy Medical Center-North Iowa in the hours following the accident.
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Rivera later pleaded guilty to homicide by vehicle and was sentenced to up to 25 years in prison.
via http://globegazette.com/news/local/crime-and-courts/woman-sues-mason-city-bar-after-motorcycle-accident/article_5de0ac7a-c2ad-5261-af77-5907dfd1f117.html

Sunday, March 5, 2017

Gunshot Victim Sues Maplewood Nightclub For Lack of Security (St. Paul, MN)


A Maplewood nightclub is at the center of a new lawsuit after a gunfight injured five people last month.

The lawsuit says the Stargate Bar & Nightclub failed to provide reasonable security measures and equipment to protect a man from getting shot.


Darrell Whitmore of St. Paul has vivid memories of that night.

"It was just so packed you could barely move," Whitmore said. "It was hectic. No security, not security in sight."


RELATED: Shots Fired After Large Fight Outside Maplewood Nightclub

He said everything happened so fast, he doesn't even know who shot him.

"I thought I got hit by a bottle or something," Whitmore said. "And I looked down and I see a big hole in my pants, and that's when I'm like, 'oh, I'm shot.'"

RELATED: Maplewood Council Votes to Immediately Close Stargate Nightclub

Whitmore said he remembers fights breaking out before the escalation to gunfire. Police said more than 60 shots were fired, leaving five people with injuries.

"There's no way (the club) should be operating," Whitmore said.

Whitmore is now part of a lawsuit claiming that Star 2 Entertainment and Stargate "failed to provide reasonable security measures." Additionally, the complaint says the club was "negligent in the hiring of their ineffective, untrained security staff and personnel."

"They needed to safeguard him and everybody in that club, and they did not do so," said Erika Flores, the attorney representing Whitmore.

Stargate's owner heard the complaints loud and clear, and he voluntarily shut the club down.

"With that type of security, they need to shut down because it could've been much worse than that," Whitmore said.

The Stargate may have already had its last call, but the pain of that violent night still lingers for Whitmore. He said this lawsuit is calling on someone to be held responsible.

Said Flores: "Even if they close the business and renounce their liquor license, it doesn't mean they renounce themselves with past ill problems. They have to be accountable for all the things they should've done but did not."

Maplewood police have not made any arrests in last month's shooting. Stargate's owner, Paul Xiong, confirmed the club is closing for good but would not comment on the lawsuit.

http://www.kaaltv.com/article/stories/S4414019.shtml?cat=10728



Wednesday, March 1, 2017

Parents of St. Louis man fatally injured in knife attack outside bar file lawsuit (St. Louis)

ST. LOUIS • The parents of a man who died about 19 months after being paralyzed in a knife attack at a St. Louis bar have filed a wrongful death lawsuit against the former bar and its owners.

Kristopher Schmeiderer, 34, died in December 2015 from complications of the May 8, 2014, stabbing that left him paralyzed from the neck down. Schmeiderer’s attacker, Andrew Lynn Barnett, now 36, is serving a 30-year prison sentence for the attack.

The lawsuit filed Monday by Allen and Kathy Schmeiderer blames the owners of the Little Bar, 6343 Alabama Avenue, for their son’s death, claiming they failed to protect bar patrons from danger and that they were aware Barnett previously had brandished a knife at the bar.


The suit claims Little Bar’s owners knew about Barnett’s history of aggressive behavior, and, after collecting Barnett’s knives earlier in the evening, returned them before his attack on Schmeiderer.

They also accused the bar of failing to have adequate security at the bar or calling police about a known danger to Schmeiderer.

The suit names Barnett and the Little Bar’s principals, Albius LLC, Patty Pringle LLC, JB Walton LLC and owner Jack Fleming. None could be reached for comment Tuesday. It seeks at least $125,000 in damages. The bar, about a block from Interstate 55 near Holly Hills Avenue and Carondelet Park, has closed.

The owners “negligently and carelessly allowed Andrew Barnett to lay in wait for decedent Kristopher Schmeiderer wherein he was attacked and assaulted,” the lawsuit claims.

Police have said that Barnett and Schmeiderer knew each other and got into an argument at the Little Bar, about midnight. After the argument, Barnett was ordered to leave out a back door while Schmeiderer was ordered several minutes later to leave through the front door.


Police said Barnett was waiting for Schmeiderer outside. He was armed with several knives and stabbed Schmeiderer in the neck and abdomen.

Schmeiderer’s family previously told the Post-Dispatch that the five stab wounds not only left him paralyzed but also severed his spinal cord and damaged his diaphragm, pancreas and liver. He was unable to breathe without a respirator. At the time of the attack, Schmeiderer had a 9-year-old daughter, a 7-year-old son and an 18-month-old daughter.

The Missouri Court of Appeals Eastern District denied Barnett’s request for a new trial in December. Court records say Barnett is seeking a review of his case by the Missouri Supreme Court.

via http://www.stltoday.com/news/local/crime-and-courts/parents-of-st-louis-man-fatally-injured-in-knife-attack/article_3cb1ef5d-0566-5db4-8061-fb8cb8f2d9be.html

Woman got drunk, wrecked car and urinated self, then sued the pub that served her (Philadelphia, PA)

MEDIA – A Media woman has sued a now-closed Philadelphia bar for its alleged responsibility in causing an automobile accident she was involved in during the summer of 2015, in addition to causing a number of serious injuries she allegedly suffered while being detained in police custody.

Paige Kalika first filed suit on May 13, 2016 in the Philadelphia County Court of Common Pleas, against Kildare’s Manayunk, Inc., Kildare’s Management, Inc. and Kildare’s Irish Pub, of both Philadelphia and West Chester.

The case was transferred to the Delaware County Court of Common Pleas earlier this month.

“On July 19, 2015, from approximately 1 a.m. to approximately 2:30 a.m., Ms. Kalika was furnished, sold and/or given excessive amounts of intoxicating beverages at the defendants’ Kildare’s Irish Pub bar/establishment located at 4417-19 Main Street, Philadelphia, PA, 19127 while visibly intoxicated and exhibiting signs of being visibly intoxicated,” the lawsuit says, adding patrons of Kildare’s noticed Kalika was in a state of intoxication.

Kalika then left Kildare’s and began to drive her Honda Civic under the influence of alcohol, according to the complaint.

“At approximately 3 a.m., Ms. Kalika was operating the above-referenced motor vehicle on the 1300 block of Edge Hill Road in Darby, Pennsylvania, when, as a result of her level of intoxication, her vehicle scraped against a parked car and eventually became stuck on the parked vehicle,” the lawsuit continues.

Darby Police were dispatched to the scene and found Kalika so intoxicated that she could not stand, unable to perform a field sobriety test and had urinated herself, necessitating her being taken into custody and transported to Darby Police Headquarters, where she vomited twice before being processed and placed in a holding cell.

There were bunk beds in the holding cell and as another individual was occupying the bottom bunk, Kalika got onto the top bunk bed. Shortly thereafter, Kalika attempted to get down from the top bunk, but due to her high level of intoxication, she fell forward, violently striking her head and face on the floor of the holding cell, resulting in severe injuries.

Kalika alleges the defendants’ overserving her at Kildare’s caused the accident, and said blood-alcohol testing conducted at the emergency room at 6:45 a.m. on July 19, 2015, showed Kalika’s blood alcohol concentration was 0.23, just over four hours after leaving Kildare’s – despite not consuming any alcoholic beverages since her departure.

The plaintiff says the defendants’ negligence caused her to sustain a number of injuries, including a broken jaw, broken bones in the mouth, cracked teeth, traumatic brain injury, brain damage, post-concussion syndrome, and many more.

For counts of negligence, negligence per se and violating the Dram Shop Act, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, plus punitive damages.

The plaintiff is represented by Francis J. Curran Jr. and Jonathan M. Ciriello of The Curran Firm, in Media.

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

via http://pennrecord.com/stories/511085005-woman-got-drunk-wrecked-car-and-urinated-self-then-sued-the-pub-that-served-herse 17-001696