Bar ownership disputes the claims laid out in the lawsuit and contends video evidence will show security intervened and broke up the fight.
Jamal Hernandez, of Redmond, claims in the lawsuit that he was invited to the bar by Summit on July 8 for business purposes.
During that night, Hernandez and an allegedly drunk patron bumped into each other while passing on a staircase, the complaint states.
The lawsuit claims a verbal altercation broke out in front of Summit security staff before Hernandez walked to the other side of the bar, where he joined his wife and friends, who were near other security staff.
Shortly after, the patron walked up to Hernandez and punched him in the face, knocking him out for an estimated five to 10 seconds, the lawsuit claims. As Hernandez tried to get up, the man punched him repeatedly in the back of the head.
The lawsuit claims security staff watched the attack but did nothing to stop it. Further, it claims that security staff prevented bystanders from jumping in to pull the patron away from Hernandez. The suit also claims bar staff refused to call police to report the assault, and that the patron walked away after the attack and was not restrained by bar staff.
The lawsuit claims Hernandez sustained bruises to his face, head and back, a fractured nose, brain injury, sprains to his neck and back as well as subsequent anxiety and insomnia.
Hernandez is seeking $250,000 for pain and suffering and $100,000 for medical bills. Hernandez does not have a criminal history in Oregon or a history of filing lawsuits, according to court records.
The lawsuit does not name the patron but claims Summit bartenders continued to serve him despite the fact that he was visibly drunk.
Hernandez’s attorney, Mario Riquelme of Bend-based Elliott, Riquelme & Wilson, LLP, said the alleged assailant has not been identified.
Matthew Gordon, president of Oregon Street Pub Inc., which owns Summit, was served with the lawsuit Thursday night, according to court records. Gordon called the event unfortunate, but said video evidence and statements from his staff do not corroborate Hernandez’s claims.
According to Bend Police Department spokesman Lt. Clint Burleigh, officers did respond to Summit in the early hours of July 9 for a report of two assaults. No arrests were made and no report was written. Riquelme said the assailant has not been identified.
Riquelme said he is working to track down witnesses and get video surveillance footage to make sure it backs up Hernandez’s version of the night.
“We are still investigating all the facts of the case,” he said. “We obviously want to get to the truth of the matter and make sure that justice is served and the right thing is done.”
Gordon said he has been in contact with his attorney, but that there is no evidence Summit served the attacker. He also said Hernandez verbally provoked the attacker and fought back. Security, he said, stepped in immediately.
“According to all the information that I have collected on my end, we seem to be totally in the right,” he said.