Tuesday, January 30, 2018

COLLEGE STUDENT SUING BAR FOR MORE THAN $3.7 MILLION

According to court documents, a University of Oregon student is suing a Eugene bar. He claims the bar was negligent and caused him to lose all feeling in his hand.

EUGENE, Ore. -- A University of Oregon student is suing a popular tavern for more than $3.7 million.

Winston Martin claims Max's Tavern is responsible for an injury that caused him to lose the ability to use his left hand. The lawsuit was filed on Jan. 15th in the Lane County Circuit Court.

According to court documents, Martin's injury made him unable to "pursue a host of attractive, lucrative careers," leading him to reassess his educational goals. Prior to the injury, Martin was planning on attending medical school.

Martin went to the bar with a friend on Jan. 18th, 2016. Court documents state that Martin was served four beers over the course of an hour, as well as a few free cocktails that the bartenders were learning how to make.

Another customer, seated next to Martin, ordered a margarita. According to the lawsuit, the bartender used a pint glass instead of the top of the shaker and was unable to separate the shaker from the pint glass. The bartender then handed it to Martin and asked if he could pull them apart.

Martin tried to separate the shaker and the glass cup but the glass shattered, slicing his hand and leaving a deep cut on his left index finger. The wound caused Martin to lose the sensation in his finger, according to the lawsuit.

The bartender repeatedly stated that he shouldn't have asked Martin for help and Martin went to the emergency room.

The lawsuit states that since the incident Martin has had stitches, physical therapy, and surgery to restore feeling in his finger. These treatments were "virtually inoperable. Martin only has minimal feeling in the finger and his hand remains in constant pain, the lawsuit states.

It is expected that Martin will not regain feeling in his finger and that the pain will be constant, according to court documents.

via http://www.kezi.com/content/news/471810484.html

Thursday, January 25, 2018

Father of Lee’s Summit police officer sues Californos in Westport over son’s death

KANSAS CITY, Mo. -- The father of Thomas Orr III, the off-duty Lee’s Summit police officer who was killed at Californos in Westport last summer, has filed a wrongful death lawsuit against the restaurant's owner and the man suspected of killing Orr.
According to a witnesses, an argument broke out on the Californos patio on Sunday, Aug. 20, 2017 at about 8:20 p.m.  A witness reported seeing one man striking another in the face, causing him to fall to the floor. Then a man fired into the crowd, killing Orr, who was off-duty at the time and wasn't part of the argument.  Orr, 30,  was at Californos, 4124 Pennsylvania Ave.,  to attend a party for young professionals.  A woman was also injured by a gunshot.
Police found photos on social media sites and photos from the party and identified Sean Steward, 22, as a suspect. Steward is charged with second degree murder, first degree assault and two counts of armed criminal action in the death of Orr.
Sean Steward's booking photo from a previous sentence in the Missouri Department of Corrections.
In the wrongful death lawsuit, Orr's father, Thomas Orr, Jr., of Illinois, alleges Californos 'has a history of physical assaults and other violent crimes and criminal activity.' The lawsuit specifically cites incidents at the 'Recovery Sunday event' that his son was attending.
The 'Recovery Sunday' event, according to Orr's father, targeted 'urban professionals' and featured 'bottomless mimosas', and an all-day party that lasted from 10 a.m. until 8:00 p.m.
The lawsuit alleges that Californos owner Terry Burns knew Californos and the Recovery Sunday event had a potential for danger because Californos began monitoring admission and checking for prohibited items before people were allowed in.
'By advertising the presence of a door staff to monitor admission and check for prohibited items,... Californos expressly assured Recovery Sunday attendees, it voluntarily assumed a duty to ensure the absence of weapons on the premises and to control the patrons therein,' the complaint argues.
FOX4's Melissa Stern called Californos and asked for owner Terry Burns. Instead, she was able to speak to Nick Nehema, one of the restaurant's managers.
Nehema told FOX4 that Californos stopped working with the 'Recovery Sunday' promoter who helped them host the parties every third Sunday of each month. Nehema said Burns had no comment.
After his death, Orr's family sat down to talk to FOX4 about their wonderful memories, about their grief and profound loss.
Orr Jr.'s attorney claims in the lawsuit that in the past three years, there have been 92 violent offenses in the Westport Entertainment District, 83 aggravated assaults, seven domestic violence aggravated assaults and two homicides.
In December, in an effort to curb crime in Westport, the Kansas City Council voted 8-5 to turn over ownership of the sidewalks to Westport business owners. However, Californos isn't in the privatization zone that includes Westport Road from Broadway to Mill and on Pennsylvania from 40th to Archibald.
The new security measures will go into effect weekend nights from 11:00 p.m. until 4:00 a.m., beginning in April. Anyone coming into the heart of Westport will be carded and must go through a metal detector.  The NAACP opposes the action.
"Due to the lack of security on Defendant Californos’ premises, Defendant Steward and his associates were able to physically attack a Recovery Sunday attendee, run away from the altercation, pull out firearms, fire recklessly into the crowd of bystanders, flee the premises, and enter a vehicle without being stopped," the lawsuit says.
Click here to read a pdf file of the wrongful death lawsuit.
Orr had been with the Lee's Summit Police Department since March of 2015. Prior to that he worked for the Marshall, Mo., Police Department.
via http://fox4kc.com/2018/01/25/father-of-lees-summit-police-officer-sues-californos-in-westport-over-sons-death/

Monday, January 22, 2018

Man claims he was beaten at Le Bon Temps Roule bar

NEW ORLEANS – A man claims that he was beaten while drinking at an Orleans Parish bar. 
Nicholas Watters filed a lawsuit on Dec. 19 against LBTR LLC and John Doe in Orleans Parish Civil District Court alleging negligence and assault.
According to the complaint, the plaintiff is seeking damages for an incident that  took place on Dec. 26, 2016. The suit states that the plaintiff was at the defendant's property, Le Bon Temps Roule, and was drinking beers when the defendant, Doe, punched the plaintiff in the face three times, and caused the plaintiff physical and emotional damages, including a broken tooth and broken bones.
The defendants are accused of assault and negligence through failing to protect customers.
The plaintiff seeks all reasonable damages, court costs, attorney fees and all appropriate relief. The plaintiff is represented by himself.
The case has been assigned to Division E Judge Clare Jupiter.
Orleans Parish Civil District Court case number 2017-12161
via https://louisianarecord.com/stories/511308754-man-claims-he-was-beaten-at-le-bon-temps-roule-bar

Saturday, January 13, 2018

DWI victims sue drunk driver, southside bar

Two men who were nearly killed by a drunk driver are now suing him, a local sports bar and a convenience store.
In March 2014, Johans Bravo and James Thompson were pushing a stalled car off Staples Street near Lipes Boulevard when they were hit by Adrian Garza. Garza ran to his mother's house nearby and she immediately took him back to the scene to turn him in.
Bravo, who was a semi-pro football player, lost his left leg. The man he was helping, James Thompson, lost his right leg.
   
Both men have now hired the Law Offices of Thomas J. Henry. They are suing Garza, Talon's Sports Bar, and Snappy Foods for $1 million. According to the lawsuit, the plaintiffs are suing Talons Sports Bar at 5506 Saratoga for serving Garza alcohol the night of the accident until he was intoxicated. Snappy Foods is another defendant listed in the lawsuit which alleges the convenience store sold Garza alcohol when he was already intoxicated.
   
In July 2016, Garza was sentenced to 10 years in prison for causing the crash. He'll be eligible for parole in March 2021.

http://www.kristv.com/story/37256203/dwi-victims-sue-drunk-driver-southside-bar

Tuesday, January 9, 2018

Wrongful Death Lawsuit Filed Against Carbone's Pizza after New Prague Crash

The widow of a man killed in a vehicle crash last August has filed a lawsuit against the vehicle's driver and the sports bar she alleges over-served him before the crash.

The wrongful death lawsuit was filed Monday against Carbone's Pizza & Sports Bar, its parent company, m2Food, Inc., and the driver, Jesse Dean Brown. It accuses the New Prague location of over-serving Brown alcohol before he later crashed the vehicle he was driving, killing the plaintiff's husband, Jarrett Luethe, in August.


The lawsuit, filed Monday in U.S. District Court, names the plaintiff as Kelly Luethe, of Sparta, Wisconsin. She's named individually and as the parent of a minor child and an as-yet unborn child with Jarrett. She is seeking an amount reasonably exceeding $75,000 in damages.

RELATED: Driver Charged After Fatal New Prague Crash

Brown was driving and is alleged to have caused the single-vehicle crash the night of August 24, 2017 that resulted in Jarrett's death.

The suit alleges Brown was provided alcohol while he was already reportedly intoxicated at the Carbone's in New Prague. Brown then drove away from the establishment in his 2014 Ford sports utility vehicle with Jarrett riding in the passenger seat, according to the lawsuit.

Then at approximately 11:24 p.m. that night, Brown caused a one-vehicle crash within 2.5 miles of the establishment. The vehicle was traveling south on 141st Avenue when it crossed the center line and left the roadway, the suit says. The vehicle went airborne before rolling multiple times.

Responding law enforcement found the vehicle on fire in a bean field about 200 feet from the road. Jarrett was pronounced dead at the scene from multiple traumatic injuries received in the crash.

A preliminary test indicated Brown's blood-alcohol level was 0.183, more than twice the legal limit to drive. Three hours after the crash, it was 0.134, according to the lawsuit.

via http://kstp.com/business/wrongful-death-lawsuit-carbones-pizza-sports-bar-new-prague-crash/4736043/